PaulL |
02-03-2011 11:17 AM |
Quote:
Originally Posted by dirtyghost
(Post 470315)
this should answer all the questions.....
http://www.jisclegal.ac.uk/Portals/1...sentials_2.pdf
I love google, what ever did we do before google, there's loads of info out there on this topic so before discussing it get genned up this pdf should give it a clearer outline.
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That document relates mostly to IP matters like music, television programmes, movies and litterature.
What's relevant here is design rights : http://www.copyrightservice.co.uk/pr..._design_rights
http://www.businesslink.gov.uk/bdotg...type=RESOURCES
It's a very muddy area and very hard to prove an original design, especially when there are similar items out there allready. For example there are other rc cars out there already with triangular shaped wishbones, so nothing new there. Also the diff hub has been around since Cecil Schumacher's days and plenty older cars used them like the rc10L so it's not an original design. Also making parts that are compatible with other manufacturers designs is perfectly acceptable, even if components have to be exact copies. See : http://www.ipo.gov.uk/types/design/d...ht-qualify.htm
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Are there any exceptions to design right?
Yes. Design features enabling one product to be functionally fitted or aesthetically matched to another get no protection. These so-called 'must-fit’ and 'must-match’ exceptions are there so that competing designs for spare parts cannot be kept out of the market.
Competitors cannot be stopped from copying any features of a protected design that enables their own design to be connected to or matched with existing equipment designed by someone else. However, competitors will infringe design right if they copy features of a protected design where there is no need to do so.
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I'm not saying Chris doesn't have a point and shouldn't be a bit miffed about other people making parts for his cars, that's understandable, but getting heavy is pointless and besides for sanctioned events and most club events, everybody has to use Mardave parts, so i doubt a few alloy parts are going to damage business much.
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