Design Copyright

Genting

Looking to start producing a product. However a similar product in USA available online has on their website a copyright symbol and mentioned 'design copyrighted'. My design would be similar in function but graphically designed differently. Where do I start? Does this rule me out of ever trying to produce my own version of this product to sell? Surely there is some database of copyright info. which outlines to what extent the idea/product can be reproduced?

Any help would be greatly appreciated!

Hunchback

WIPO is the worldwide website you can check
EUIPO is the European equivalent
Your starting point is the Irish Patents office

Copyright is only effective in the territories that you apply for it. I am no expert, in fact I know very little about this, but I do know that if you check these websites, you will be able to find out what territories this product has been copyrighted in and also in what categories is the product protected.

So, I reckon start with the above until someone gives you a proper answer!

tricky D

Design copyrighted sounds a bit bogus. If they said product patented there might be more credibility. The only way to know for sure is by telling us the actual product in question. (Have no fear your idea will be safe enough)

@Hunchback you're referring more to trademarks and patents. Copyright is automatic with no need to register, just proof of prior creation. Patents are a different kettle of fish in the realm of inventions.

Simplistic explanation: trademarks apply to trade/product/company names, patents to invented products or methods, copyright to original and expressionable created works' intellectual property which wouldn't be suitable for patent.

Genting

tricky D wrote: »

Design copyrighted sounds a bit bogus. If they said product patented there might be more credibility. The only way to know for sure is by telling us the actual product in question. (Have no fear your idea will be safe enough)

@Hunchback you're referring more to trademarks and patents. Copyright is automatic with no need to register, just proof of prior creation. Patents are a different kettle of fish in the realm of inventions.

Simplistic explanation: trademarks apply to trade/product/company names, patents to invented products or methods, copyright to original and expressionable created works' intellectual property which wouldn't be suitable for patent.

Thanks both, what you suggested @hunchback does seem to be more patent/IP focused.

This is simply a design of a basic everyday product, somewhat disposable, nothing revolutionary, €20 max value.

A similar scenario/example would be an advent calendar with 2 doors per day instead of 1, containing mints instead of chocolate! Essentially a very basic product, basic overall design and minor design change to the majority of products on the market. However this different design with 2 doors and mints is only sold by one company online, web based nothing big and that sole supplier/designer has '2016 Design Copyright' stated on their website!

My Q is, can I just go ahead and start production as I know I can market this product better and sell in high volume. Or should I thread carefully, to prevent some serious issues further down the line.

My problem is that I don't know the extent of this supposed design copyright and the risks involved if I go hell for leather and get producing/selling!?

Thanks again! Looking forward to hearing your thoughts/suggestions!

mrawkward

This is the low end of IP and as long as your product is sufficiently different you are not open to any legal action, which is essentially based on "passing off" your product as theirs. Dont worry about it and forge ahead.