Law 2101 Lecture Notes - Glyphosate, Genetically Modified Wheat, Oncomouse
Document Summary
Industrial designs protect against manufacture, sale, rent, or importation: example: the iphone has tried to protect its design as an industrial design. Industrial designs: must be registered within one year of initial use. They do not arise automatically (like trademarks do: must be registered to claim infringement, registration lasts for 10 years. Industrial designs do not extend to functional components or composition only design or appearance: eg. you could get an industrial design for the shape of a coke bottle (but you couldn"t get a trademark for it) The government has come up with separate rules for integrated circuits (eg. chips in phones, etc ) as well as plant breeder"s rights" (eg. if you come up with a new design for apple). It doesn"t really work to patent recipes because if someone even changed something very minor, it would no longer be patented (too easy to get around: process.
