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From Investment to Creativity for ‘Industrial Copyright’
from Part III - Signs, Images and Designs
Published online by Cambridge University Press: 16 March 2023
This collection sets out to show how intellectual property is not really ‘intellectual’ at all. How there has been a move towards rights being granted to protect monetary investment rather than originality and creativity. This chapter is slightly different. Design right is a British invention which has not been replicated elsewhere: it remains unique.1 It was born out of a desire to protect the investment in functional designs and so it would appear to sit nicely within the collection, but as it grew up it became more creative and, as will be seen, it may no longer deserve its place among the ‘investment’ rights. To understand design right’s story and growth the first part of this chapter will show its lineage, that is: how and why it came into being in the first place. The second part looks at its passage through Parliament, where it was clearly born as a right to protect investment, before concluding in the third part how during its adolescence the rebellious right found its own way and became creative and left investment behind.
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