Overview: THE CHANGING DEVELOPMENT OF DESIGN LAW

FROM CUSTOM TO INVENTION: THE CHANGING DEVELOPMENT OF DESIGN LAW

ABSTRACT:

This article discusses the development of design law, which has been compared by the past history or nature with the many practices that are followed nowadays, and it also discusses the opinions that will be followed in the future. It discusses the extent of the Design Law of 2000, such as relevant policies and case laws, and it also presents the author's view on the implications of their developments throughout the publication process.

INTRODUCTION:

Throughout a period of several decades, the law of design has been faced with an array of powerful changes, which have been driven by a variety of technological developments, core principles, and societal changes. Some of the sections provide an introduction to the fundamental principles of the law of design, and also the significance of the law of design in protecting intellectual property, as well as the transformations that have occurred and the reasons that have led to the solutions.1

COMPARING THE PAST AND THE FUTURE ASPECTS:

Historically, design law was simple, and the main emphasis was on material artistic works. The Copyright, Designs, and Patents Act 1988 altered the path of the UK, with increased protection for designers. Design law now covers a broader range of creative work, including digital designs and user interfaces. The contemporary framework strikes a balance between protection and innovation, reflecting the complexity of contemporary design practice.2

Future Prospect

Inevitably, design law will continue to evolve in response to the technology, such as artificial intelligence and digital fabrication, with which society is currently being presented. Future legislation may have to deal with new concerns arising from, for example, global competition and the lack of harmonization between jurisdictions. There is a potential for greater inclusion of non-traditional creators within design rights.

Scope

The law goes beyond mere protection; it extends into economic implications for businesses and industries primarily based on design innovation. Thus, by protecting the rights of designers, the law propels the creation of a culture of innovation while having economic benefits at the same time; however, this raises questions about access and fairness in the industry.3

LAW POLICIES AND ACTS:

There is a legislative framework which includes

The Copyright, Designs, and Patents Act of 1988 is one of the milestone legislations under which there exist specific protections within designs.

European Community Designs Regulation: Provides a single approach throughout EU member states.

In this respect, the continued and periodic debates over reforms in these existing laws to better meet the needs and requirements of the present industry further give rise to the notion that design law is evolving continuously.4

CASE LAWS:

Some of the very significant case laws that have defined the interpretation of design rights are:

The Lucasfilm Ltd v. Ainsworth case significantly clarified and elucidated the important distinction between what constitutes artistic works and what qualifies as functional designs.5

In the case of R v Kearley: This case involved copyright infringement in design matters.

These cases explain how courts handle such intricate issues of originality and functionality in design.6

AUTHOR’S PERSPECTIVE:

Although the existing design legislation provides the necessary protection, the author believes that it should be continuously reviewed in order to maintain its relevance. When proactive policymaking is brought to light, it has the potential to increase protections for designers while simultaneously encouraging innovation. The utilization of lay assessors in court procedures could improve both the understanding of design rights and their utilization in courts.

CONCLUSION:-

I would like to conclude that the evolution of design law is a reflection of wider and also impacted in societal changes and technological developments. Although considerable progress has been made since its inception, future adaptations are required to address challenges in the future. The protection and innovation balance needs to be struck to support a healthy creative economy.7

Suggestions

• To enhance the effectiveness of design law in a easier way
• Regularly review existing legislation to ensure it meets contemporary needs for to improve.
• Encourage collaboration between designers and policymakers as they can create more inclusive frameworks and policies.
• Invest in education about intellectual property rights among designers to empower them to protect their work effectively and in ease manner.

REFERENCES

1. What are Principles of Design?, GeeksforGeeks (2023), https://www.geeksforgeeks.org/principles-of-web-design/ (last visited Jan 26, 2025).
2. Designing history: part 1 – Intellectual Property Office blog, https://ipo.blog.gov.uk/2013/07/02/designing-history-part-1/ (last visited Jan 26, 2025).
3. Legal Design and the Future of Law, Columbia Journal of Transnational Law (2021), https://www.jtl.columbia.edu/bulletin-blog/legal-design-and-the-future-of-law (last visited Jan 26, 2025).
4. Regulation 2002/6 - Community designs - EU monitor, https://www.eumonitor.eu/9353000/1/j4nvk6yhcbpeywk_j9vvik7m1c3gyxp/vitgbgibhnwf (last visited Jan 26, 2025).
5. Case Comment: LucasFilm Ltd & Ors v Ainsworth & Anor [2011] UKSC 39, UKSCBlog (Dec. 13, 2011), https://ukscblog.com/case-comment-lucasfilm-ltd-ors-v-ainsworth-anor-2011-uksc-39/ (last visited Jan 26, 2025).
6. R. v. Kearley, (1992) 136 N.R. 81 (HL), vLex, https://ca.vlex.com/vid/r-v-kearley-681718717 (last visited Jan 26, 2025).
7. Anusha Unnikrishnan, ANALYZING THE IMPACT OF EMERGING TECHNOLOGIES ON INTELLECTUAL PROPERTY RIGHTS (IPR): A COMPREHENSIVE STUDY ON THE CHALLENGES AND OPPORTUNITIES IN THE DIGITAL AGE, 10 Law and world 66 (2024), https://lawandworld.ge/index.php/law (last visited Jan 26, 2025).