The design can receive copyright protection as long as the work is sufficiently original.
Aino Frilander in his story, he creditably dealt with Iittala's brand reform and the suspicion of imitation that became news (HS 7.2.). He insightfully discussed the unethical behavior of companies in the design industry and the imitation of others' work without appreciating the work of original designers.
We want to clarify issues related to intangible rights that were left incomplete in the article, as well as the perception that a small design company or freelancer has no means to defend their rights. Design can be protected in many ways. Actively working professional designers have means at their disposal to guarantee their own rights.
It is usual that the different parties do not know their rights sufficiently. It's a shame that professionals don't take advantage of design protections enough. A better understanding of the exploitation of intangible rights will improve the position of everyone working in the field. In this case, both the designers and the ordering companies avoid unpleasantness and damage to their reputation.
Frilander mentioned in his writing that the design was patented. It is true that a technical solution related to a design can be patented, but primarily the design is protected by a design right. A coffee cup or even its round ear can be protected with a design right. Since the design right protects the appearance of the product or part of it, it can be considered the most important form of design protection for physical products. You just have to remember to register the model when the product is new. Other so-called industrial rights (trademark, patent and utility model) must also be registered yourself.
Frilander highlighted the moral responsibility of designers and companies. However, copyright as a form of design protection should not be ignored. The design can receive copyright protection as long as the work is sufficiently original. Copyright protection applies to both consumer goods and traditional art.
It is more challenging to assess whether another product infringes the copyright of a work. The final decision in the matter is given only by the market court, not social media. It is good to remember that some disputes are resolved quietly through negotiations between the parties.
A true appreciation of design and a culture that cherishes design innovations requires an appreciative culture and operating process from everyone – designers, colleagues, manufacturers and customers. This is the only way we can maintain a favorable atmosphere for design.
The designer's professional ethical guidelines outline fair practices in the design industry and respect for colleagues. Like all other fields, the vitality of the design industry is ultimately based on the respect, trust and understanding of the different parties; we depend on each other as subscribers and providers.
Iris Adenius
lawyer, Ornamo
Salla Heinänen
executive director, Ornamo
The reader's opinions are speeches written by HS readers, selected and edited by the HS editorial team. You can leave an opinion piece or familiarize yourself with the principles of writing at the address www.hs.fi/kiryotamielipidekeisuis/.
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