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by dlcarrier
1 hour ago
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It looks like a registered design is similar to a design patent in the US. The automatic copyright is the same in the US as the UK, probably due to the Berne Convention. Apple did file a claim against Samsung for multiple design patent infringements, including a design patent for using a grid of icons with rounded corners, but the US Supreme Court ruled that Apple would have to show financial loss from the infringement, which basically gives it no more power than a trademark. That was after a jury trial that heavily favored Apple, so it's not likely that anyone will ever get anything meaningful out of trying to enforce a design patent on a user interface alone. Has anything like Apple's lawsuits against Microsoft or Samsung happened in the UK? Outside of purposeful counterfeiting, case law over trademark and design patent clams seems to be pretty weak. Then again, copyright is only powerful because of centuries of case law expanding its reach, and as written probably shouldn't cover fan fiction, shared universes, or possibly even translations. Intellectual property in general seems to be more about common law than the actual statues creating it. |
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