In today’s creative world, design imitation has become a hot issue, especially in fields such as fashion, design, interior design, and cuisine. This not only raises questions about the ethics of creativity but also concerns legal regulations on copyright. So, is design imitation really copyright infringement? The following article from VCD will help you.
1. Imitating design ideas
Copyright (or author’s rights) is a form of intellectual property rights that protects human creative works in many different fields. Copyright protects creative works including graphic designs, works of applied art, and other works. When a design is created, the author automatically owns the copyright to that work without having to register the copyright.
Imitation of a design is the act of copying or following an existing design without any originality or variation, including copying the shape, color, layout or other elements of a product or work of art.
2. Does imitation of a design violate copyright?
According to Intellectual Property Law, types of property rights include copyright, rights related to copyright, industrial property rights, and rights to plant varieties. This shows the complexity and diversity in the legal system of intellectual property, where each type of right protects a different aspect of creativity.
The concept of “design idea” is a concept that exists only in the mind, that is, it has not been expressed in a specific material form. This is an essential point, because according to Clause 1, Article 6 of the Intellectual Property Law, only works that have been expressed in material form quality for copyright protection Consequently, while creative, are not automatically protected if they remain at the level of thought. For example, a designer may have an idea about how to design a coffee shop, but unless that idea is drawn or otherwise expressed, copyright cannot be established.
Protecting a store layout design is an important and not uncommon process. To copyright a design idea, the designer needs to translate his or her idea into a physical form. Specifically, they can write a detailed description of the layout, colors, materials used, and other elements related to the design. In addition, using drawings, whether on paper or through design software, will help create a concrete image of the idea, thereby making it easier to understand and access.
Once the idea is clearly expressed, the designer can request copyright protection for their work. This legal safeguard ensure that any attempts to copy or imitate the design must have permission from the copyright owner. This protection not only helps prevent copying by competitors, but also enhances the reputation of the brand. Customers will feel more secure knowing that the design and style of the store are legally protected, which creates a significant competitive advantage in today’s market.
Recently, information about the most famous and successful coffee franchise chain in Vietnam – Cong Ca Phe, having its design and layout “copied” by C. 1989 Coffee Shop has attracted public attention. This action not only causes confusion for customers but also raises many questions about the protection of intellectual property rights in the coffee industry.
As analyzed above, in this case, C. 1989 Coffee Shop has used commercial indications such as color, design, layout, menu, and service method, leading to confusion for customers about the origin and business entity. These actions can be considered unfair competition, negatively affecting the reputation and interests of Cong Ca Phe.
However, it should be noted that C. 1989 does not infringe upon the copyright of the “design idea” and layout of Cong Ca Phe, because copyright only protects works that have been specifically expressed. Therefore, C. 1989’s actions can mainly be considered from the perspective of unfair competition (as stipulated in Clause 3, Article 6 of the current Law on Intellectual Property).
To further strengthen its legal foundation, Cong Ca Phe should register the copyright for the design drawings or design descriptions of the coffee shop. This proative measure would establish a clear legal record, protecting the rights of Cong Ca Phe in case of disputes or when it is necessary to prove design ownership to third parties. Such action not only protecting intellectual property but also enhancing the competitiveness and reputation of the brand in the market.
Above is the article “Is imitation of design a copyright infringement?” sent to you by VCD. We hope you find this article useful.
Sincerely,
