| LEGISLATION | |
| 1.0 | PREFACE |
| 1.1 | The FOUNDATION is dedicated to move government to enact stronger legislation to protect original design both domestically and abroad by providing relevant information to its members. |
| 1.2 | The FOUNDATION does not engage in any lobbying activities. |
| 2.0 | DESIGN PROTECTION IN THE UNITED KINGDOM |
| 2.1 | The FOUNDATION encourages the U.S. Government to adopt the design protection that is currently available in the United Kingdom |
| 2.2 | Design protection covers the outward appearance of an article and takes two forms in the UK, registered design and design right, which are not mutually exclusive. Registered design protects the aesthetic appearance of an article, including shape, configuration, pattern or ornament, although artistic works such as sculptures are excluded, being generally protected by copyright. In order to qualify for protection, a design must be new and materially different from earlier UK published designs. The owner of the design must apply to the Designs Registry at the Patent Office. Initial registration lasts for five years and is extendible in five-yearly steps to a maximum of 25 years. The current legislation is the Registered Designs Act 1949 (as amended). |
| 2.3 | Design Right is an automatic right which applies to the shape or configuration of articles and does not require registration. Unlike registered designs, two-dimensional designs do not qualify for protection. Designs must be original and non-commonplace. The term of design right is ten years from first marketing of the design and the right is effective only in the UK. The current legislation is Part 3 of the UK Copyright, Design, and Patents Act 1988. |
| 3.0 | PARTICIPATION |
| Members who share an interest in changing legislation in the United States are encouraged to contact Brad Stewart, president of the FOUNDATION. |