The following IP rights may apply to various elements you have designed or invented in relation to a superyacht: • Copyright: Copyright is the right to prevent others from copying your work, and is especially important when creating and negotiating superyacht designs. Copyright protects amongst other things artistic and literary works (which includes sketches, design drawings, photographs, images, books, paintings, sculptures, computer programs and databases, sound recordings, films and broadcasts). Copyright will exist in a work if certain conditions are met, including: the work is original, the work has been recorded, and the work qualifies for copyright protection, which depends on the national status of the author, or the country of first publication of the work. Copyright arises automatically in the UK and there is no requirement for registration • Design Rights: Design rights protect the outward appearance of an article resulting from its features, in particular, the shape, lines, contours, texture, colour, materials used and its ornamentation - for example, the shape of a superyacht hull or deck design may qualify for protection. To qualify as a new design, the overall impression of the design must be different from any earlier design. Design rights provide a monopoly right and prevent a third party copying your design for a period of time. Design rights may be registered or unregistered and you can register your design provided it meets the eligibility criteria • Patents: Patents protect inventions and give inventors the exclusive right to use and/or commercially exploit their inventions for up to 20 years. Patents cover both manufactured products and processes and they are available for most industrially applicable processes and devices. For a patent to be granted in respect of an invention, the invention must be new, involve an inventive step, be capable of industrial application and not fall within any of the applicable exclusions, for example scientific methods or software The benefit of a registered design is that the design may enjoy a larger period of protection.
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