Many designers see products being marketed that look similar to
goods, drawings, photographs or mock ups that they have produced in
the past. There may also be some grounds for suspecting that there
has been deliberate copying of their earlier design. What can be
done in such a case?
There are a number of rights that a designer may have by virtue
of the fact that the designer has created the design. These rights
can be invoked separately or cumulatively if the facts so
permit.
Artistic copyright can be claimed by any author or
co-authors that have produced an original artistic work. An
artistic work includes drawings, photographs, sculptures, and
models of buildings as well as works of artistic craftsmanship.
Handicrafts are also included. Protection is available against
conscious or unconscious copying of a substantial part of the work.
So taking parts of earlier designs and reworking them is likely to
infringe artistic copyright. Protection lasts for the life of
