Professional Studies - Types of Legislation Affecting Designers

What is Patent? 

• A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

What is Utility Innovation?

• A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.

Who May Apply?

• Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word "person" is not limited to natural persons and thus also includes, for example, a company.

How can a patent or utility innovation be protected?

• An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of the Patents Act 1983.

Why Protect an Invention?

• Gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permission.

Patentable Inventions

• For a patent to be granted an invention must be :
• new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
• involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
• industrially applicable, meaning it can be mass produced. 
 
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What is word mark? 

• A type of logo, a text-based mark identifying an individual, company, organization, product, or brand.
• With a word mark, the company or product name is set in a specific typeface, often with some special treatment such as manipulated letters or corporate colors. A word mark may have some graphic-like elements incorporated

 What is a trade mark? 

•  A sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.
• a marketing tool to enable customers in recognizing the product of a particular trader.  

Functions of a trade mark

• Origin Function - helps to identify the source and those responsible for the products and services sold in the market.  

• Choice Function - enables consumers to choose goods and services with ease while shopping.

• Quality Function - Consumers choose a particular trade mark for its known quality.  

• Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.  

• Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.

Professional Studies in Art and design - 10 Commandments of Design

Dieter Rams on the 10 commandments of design

1) Design is DETAILED - Care and accuracy in the design process show respect towards the consumer.

2) Design is AESTHETIC - Beauty means nothing if its not useful

3) Design is HONEST - does not attempt to manipulate the consumer with promises that cannot be kept

4) Design is USEFUL - satisfy certain criteria to the consumer

5) Design is INNOVATIVE - always evolving

6) Design is ENVIRONMENTAL FRIENDLY - important contribution to the preservation of the environment

7) Design is UNOBTRUSIVE - Not demanding too much attention. Design should be both neutral and restrained, to leave room for the user’s self-expression.

8) Design is DURABLE - never appears antiquated

9) Design is SIMPLE - less is more

10) Design is EASILY UNDERSTANDABLE - make the product clearly express its function by making use of the user’s intuition.

Professional Studies - The Need for Professional Ethics and Responsibility in Design

What is Professional Ethics?

• Professional ethics includes relationships with and responsibilities toward customers, clients, coworkers, employees, employers, others who use one’s products and services, and others whom they affect.

• make critical decisions, situations where significant consequences for you and others could result.

• Customers rely on the knowledge, expertise, and honesty of the professional. A professional advertises his or her expertise and thus has an obligation to provide it.

• A professional can cause great harm through dishonesty, carelessness, or incompetence. Often the victims have little ability to protect themselves. The victims, often, are not the direct customers of the professional and have no direct control or decision-making role in choosing the product or making decisions about its quality and safety.

• A professional has an ethical responsibility not simply to avoid intentional evil, but to exercise a high degree of care and follow good professional practices to reduce the likelihood of problems.