History of Design and Design Law : An International and Interdisciplinary Perspective

For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries ― Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia ― selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters ― one on the history of design and the other on the history of design law ― authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments andspecific design and legal issues allowing readers to consider their advantages and disadvantages ― and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developmentsin technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it. Preface Contents Editors and Contributors Abbreviations and Acronyms List of Figures List of Tables Part I Asia 1 History of Japanese Design 1.1 Promotion of Craft as an Export Industry: End of the Nineteenth Century 1.2 Encounters with Modern Design: 1920s–1945 1.3 Post-war Reconstruction and the Influence of American Design: 1945–1950s 1.4 The Take-Off of Japanese Design: The Late 1950s and 1960s 1.5 The Beginning of the Age of Mass-Consumption and Styling Design: 1960s 1.6 Japanese Design Recognized Worldwide: 1970s–1980s 1.7 Design Sector Expansion and Change Since the 1990s References 2 History of Design Protection in Japan 2.1 The Design Ordinance of 1888 2.1.1 The Definition of Design 2.1.2 Examination Principles 2.1.3 Right of Designers 2.1.4 Effect of Design Right 2.1.5 Limited Term of Exclusive Use 2.2 Design Act of 1899 2.2.1 Major Revisions 2.3 Amendment of Design Act in 1909 2.3.1 Major Revisions 2.4 Amendment of Design Act in 1921 2.4.1 Major Revisions 2.4.2 Practice During World War II and Resumption of Applications After the War 2.5 Export Product Design Act of 1959 2.6 Design Act of 1959 2.6.1 Major Revisions 2.7 Amendment of the Design Act in 1998 2.7.1 Response to the TRIPs Agreement 2.7.2 Response to the Hague Agreement and Locarno Agreement 2.7.3 Major Revisions 2.7.4 Other Related Matters 2.8 Amendment of the Design Act in 2006 2.8.1 Major Revisions 2.9 Amendment of the Design Act in 2014 2.9.1 Major Revisions 2.10 Amendment of the Design Act in 2019 2.10.1 Major Revisions 2.11 Other Forms of Design Protection in Japan 2.11.1 Unfair Competition Prevention Act 2.11.2 Trademark Act of 1959 2.11.3 Patent Act of 1959 2.11.4 Copyright Act of 1970 References 3 History and Current Status of Design in South Korea 3.1 Introduction: An Overview of History of Design in Korea 3.2 Introduction of Modern Design by the US (1945–1960) 3.2.1 The Beginning of Design Education 3.2.2 Establishment of the Korea Handicraft Demonstration Center 3.3 1960s: Industrialization Policy and the Emergence of Industrial Design 3.3.1 Industrial Design Centered on Imitation and OEM 3.3.2 Establishment of the In-House Design System and Design as a Profession 3.3.3 The Commercial and Industrial Design Exhibition 3.4 1970s: Industrial Development and Government-Led Design Promotion 3.4.1 Development of Industrial Design 3.4.2 Introduction of Government Policy on Design Promotion 3.4.3 Emergence of Korean-Style Design 3.5 1980s: Good Design and Korean-Style Design 3.5.1 Good Design and the GD Mark 3.5.2 1988 Seoul Olympics and Korean-Style Design 3.5.3 Hangeul (Korean Alphabet) Design and the Development of Typography 3.6 IMF, Design Management and the Cultural Industries 3.6.1 Design Management 3.6.2 IMF Intervention and Design Drive 3.6.3 The Advent of Korean Design 3.7 The 2000s and Beyond: The Korean Wave and Design as Public Welfare 3.7.1 World’s Leading Design 3.7.2 Decentralization and Regional Design Centers References 4 History of Design Protection in South Korea 4.1 Introduction 4.2 Design Protection After the Chosun Dynasty 4.2.1 End of the Chosun Dynasty 4.2.2 Legal System During Japanese Colonial Rule 4.2.3 Legal System Under USAMGIK After Liberation 4.3 1961—First Design Act 4.4 1970s and 1980s—First Full Revision and Major Partial Revision 4.4.1 Full Revision in 1974 4.4.2 Partial Revision in 1981 4.5 1990s and 2000s—Second Full Revision and Major Partial Revisions 4.5.1 Full Revision in 1990 4.5.2 Partial Revision in 1994 4.5.3 Partial Revision in 1996 4.5.4 Partial Revision in 1998 4.5.5 Partial Revision in 2001 4.5.6 Partial Revision in 2005 4.5.7 Partial Revision in 2007 4.6 2010s to Present—Third Full Revision and Major Partial Revisions 4.6.1 Full Revision in 2014 4.6.2 Partial Revision in 2017 4.6.3 Partial Revision in 2020 4.6.4 Partial Revision in 2021 4.7 Conclusion References 5 The Factors, Perplexity, and Future of China’s Design Development After the ‘Reform and Opening Up’ Policy 5.1 Introduction 5.2 Local and Global 5.2.1 The Impact of Local Domestic Policy on Design 5.2.2 The Influence of Foreign Design and the Integration of Chinese and Foreign Countries 5.3 Perplexity and Contradiction 5.3.1 Copycat Culture and Intellectual Property 5.3.2 Standardization and Culture 5.4 The Future of Chinese Design 5.4.1 The Development of Chinese Culture 5.4.2 The Development of Human-Centered Design 5.4.3 The Development of Green Design for Sustainable Development (SDGs) 5.5 Conclusion References 6 History of Design Protection in China 6.1 Introduction 6.2 Industrial Design Protection Under the Patent Law 6.2.1 Overview of Industrial Design Protection 6.2.2 Patent Law of 1984 6.2.3 First Revision of the Industrial Design Protection System 6.2.4 Second Revision of the Industrial Design Protection System 6.2.5 Third Revision of the Industrial Design Protection System 6.2.6 Fourth Revision of the Industrial Design Protection System 6.3 Industrial Design Protection as ‘Works’ Under the Copyright Law 6.4 Logo Design Protection Under the Trademark Law 6.5 Packaging and Other Design Protection Under the Anti-Unfair Competition Prevention Law References 7 History and Current Status of Design in Singapore 7.1 Introduction 7.2 The Dawn of Industrial and Product Design in Singapore 7.2.1 Adopting Industrial and Product Design to Support Industrialisation Efforts 7.2.2 Industrial and Product Design in the Early Post-Independence Era 7.3 The Promotion of Industrial and Product Design in the 1970s 7.3.1 Building on Efforts in the 1960s 7.3.2 Exposure to the Concept of Product Design 7.3.3 Efforts to Create a Design-Conscious Singapore 7.3.4 Design Education 7.4 Planting the Seeds in the 1980s to Develop a Design-Conscious Singapore 7.4.1 Supporting Industrial and Product Design 7.4.2 The Status of Industrial and Product Design in the 1980s: Part 1 7.4.3 Ground-Up Design Support 7.4.4 The Status of Industrial and Product Design in the 1980s: Part 2 7.4.5 Introduction of Product Design Education at the Tertiary and Secondary Level 7.4.6 Bringing Singapore Design Forward into the 1990s 7.5 Preparing to Enter the New Millennium During the 1990s 7.5.1 Fulfilling the Blueprint for Design Set in the Late 1980s 7.5.2 Strengthening Design Education in the 1990s 7.6 Singapore Design in the New Millennium 7.6.1 The Creative Cluster 7.6.2 DesignSingapore Initiative Phase I (Dsg-I) 7.6.3 DesignSingapore Initiative Phase II (Dsg-II) 7.6.4 The Development of Industrial and Product Design Through Dsg-I and Dsg-II 7.6.5 UNESCO Creative City of Design and Singapore Design Beyond 2020 7.6.6 Strengthening Design Education in the 2000s 7.7 Conclusion References 8 History of Design Protection in Singapore 8.1 Introduction 8.2 The Past (UK Law) 8.3 The Present 8.4 Registered Design Act 2000 8.4.1 Registrable Designs 8.4.2 Registration of Designs 8.4.3 Duration of Registration 8.4.4 Deferred Publication 8.5 Copyright Act 8.5.1 Overlap of Protection Under the Registered Design Act and Copyright Act 8.6 Passing off 8.6.1 Classical Trinity: Requirements for Protection 8.6.2 Duration of Protection 8.7 Trade Marks Act 8.7.1 Shape Mark 8.7.2 Protection of Well Known Trade Marks 8.8 Final Remarks and Future Perspectives 8.8.1 Singapore Model for Copyright Act and RDA Protection 8.8.2 Updated Registered Designs Protection 8.8.3 Future Perspective References Part II Europe 9 British Design 9.1 Introduction 9.2 Beginnings 9.3 The 1851 Exhibition 9.4 Design Reform 9.5 The Early Twentieth Century 9.6 Designing for War 9.7 Designing for Peace 9.8 ‘Britain Can Make It’ 9.9 The ‘Festival of Britain’ 9.10 The Contemporary Home 9.11 New Designers for the Post-War Era 9.12 Designing Lifestyles 9.13 Transport Design 9.14 Pop Design 9.15 Nostalgia and Revival 9.16 1980s Designer-Culture 9.17 Kenneth Grange 9.18 The New Century 9.19 Conclusion References 10 History of Design Protection in the United Kingdom 10.1 Introduction 10.2 The Beginnings—Unregistered Textile Protection 10.3 The Background to UK Design Registration 10.4 The Parliamentary Enquiry Committees 10.5 The Development of Design Registration in the UK 10.6 Features of the First UK Design Registration Acts 10.7 Expansion and Enforcement Over the Nineteenth Century 10.8 The 1883 Act 10.9 Developments in Design Registration Over the Twentieth Century 10.10 Copyright Protection of Designs 10.11 The Reforms of 1989 10.12 Trade Mark and Passing-Off Protection of Designs 10.13 Enforcement 10.14 The Arrival of European Harmonisation 10.15 Internationalisation of the UK Registered Design System 10.16 Withdrawal from the European Union References 11 Design Made in Germany 11.1 The Beginnings: Late Nineteenth Century–1920s 11.2 1933–1945 11.3 The 1950s and 1960s 11.4 Important Designers 11.5 New Design Perspectives References 12 History of Design Protection in Germany 12.1 Design Protection During the Nineteenth Century 12.2 The 1907 Art Copyright Act 12.3 Design Protection Before and During the Nazi Era 12.4 Post-War Design and Copyright Protection 12.5 European Harmonization of Design Protection and Its Impact on Copyright Law References 13 History and Current Status of Design in France 13.1 Introduction 13.2 Introductory and Taxonomic Remarks 13.2.1 A Non-normative Vocabulary 13.3 Exporting: France, a Trading Nation (1902–1925) 13.3.1 Image Policy: Spreading French Luxury 13.3.2 Modern Means: From the Small Silver-Plated Metal Spoon to the Advertising Front 13.3.3 Small Production Units: Democratizing the French Spirit 13.4 The Social Orientations of French Design (1900–1950) 13.4.1 Art in Everything... A New Function 13.4.2 The Positions that Structure Professional Action 13.4.3 Reconstruct or Transform? The Glorious Thirty 13.5 Culture and Industry (1950–2000) 13.5.1 The Time of Museums: The Élysée and the Centre De Création Industrielle as Anti-Models? 13.5.2 The Time of Objects: Design in Industry 13.5.3 Time for Questions: The Designer as a Cultural Figure 13.6 Concluding Remarks 13.6.1 Designers and Export 13.6.2 Conclusion References 14 History and Current Status of Design Protection in France 14.1 Introduction 14.2 Protection of Designs in Lyon During the Period of the Ancien Regime 14.3 The French Revolution and 1793 Act on Literary and Artistic Property 14.4 1806 Act for Industrial Design 14.5 1902 Copyright Act (Extending the Application of the 1793 Act on Literary and Artistic Property to Works of Sculpture) 14.6 1909 Act for Designs and Models 14.7 1952 Act for Fashion and Seasonal Creations 14.8 1957 Copyright Act and ‘Total Cumulation’ 14.9 1990 Industrial Property Act 14.10 The Intellectual Property Code, EU Design Directive and Partial Cumulative Protection 14.11 Protection Under the Intellectual Property Code 14.11.1 Substantive Requirements 14.11.2 Formality Requirements 14.11.3 Examination 14.11.4 Legal Effect of Design and Model Rights 14.12 Unfair and Economic Parasitical Competition 14.12.1 Unfair Competition and ‘Parasitism’ 14.12.2 Fait Distinct [Distinguishing Fact] 14.12.3 ‘Parasitism’ Theory 14.13 Conclusion References 15 Italian Design 15.1 1910s the Futurist Vision 15.2 1920–1940 Limited Rationalism 15.3 1950–1960 Style, Industry, People 15.4 1950–1980 Coachbuilding and Car Design 15.5 1960–1970 Radical Revolutions 15.6 1980s Consolidation and Professionalization 15.7 1990–2010 Global Design Business Additional Bibliography 16 History of Design Protection in Italy 16.1 Introduction: Industrial Design in Europe Between Creative Works and Inventions 16.2 The Protection of Industrial Designs Before the EU Design Directive 16.2.1 Utility Model and Ornamental Design Patent 16.2.2 No Cumulation of Protection Under Design Law and Copyright Law 16.3 The Protection of Industrial Designs Under Copyright Law Before the EU Design Directive: The Criterion of ‘Separability’ 16.4 The EU Design Directive and Its Transposition in Italy 16.5 The Cumulation of Copyright and Design Protection After the EU Design Directive 16.6 The Protection of Industrial Designs Under Design Law After the EU Directive 16.7 The Three-Dimensional Shape Trade Mark References 17 History and Current Status of Design in Scandinavia 17.1 Introduction 17.2 From Industrial Art in Scandinavia to Scandinavian Design 17.3 Turn of the Twentieth Century: Functionalist Design 17.4 The Kaare Klint School of Furniture Design 17.5 Influences from Japan in Scandinavian Design 17.6 Scandinavian Design: Convergences and Divergences 17.7 Iconic Scandinavian Designs 17.7.1 Poul Henningsen’s ‘PH5’ Lamp (1958) 17.7.2 Arne Jacobsen’s ‘Ant’ Chair (1952) 17.7.3 Hans Wegner’s ‘Round Chair’ (1949) 17.7.4 Alvar and Aino Aalto’s ‘Aalto Vase’ (1936) 17.7.5 Maija Isola’s ‘Unikko’ Floral Pattern (1964) 17.7.6 Märta Måås-Fjetterstrøm’s ‘Bruna Heden’ (1931) 17.7.7 Peter Opsvik’s ‘Tripp Trapp’ Highchair (1972) 17.8 Scandinavian Design Today References 18 Design Protection in the Nordic Countries: The Past, the Present and Maybe the Future 18.1 Introduction 18.2 The Historical Development of the Protection of Design in the Nordic Countries 18.2.1 Before the Pan-Nordic Design Acts 18.2.2 The 1970s Pan-Nordic Design Acts 18.3 The Present Protection of Designs 18.3.1 The New EU-Harmonized Design Acts 18.3.2 Design Protection ‘In Action’ 18.4 Final Remarks and Perspectives in Light of the EU Evaluation 18.4.1 The Future of the National Designs Systems Alongside the EU Design Regulation 18.4.2 The Problem of Overlapping Rights References 19 History of Design in Russia: 1917–2021 19.1 Early Days of Soviet Design. The First Designers: 1917–1932 19.2 Industrialization, Soviet Art Deco and the Stalinist Empire Style: 1932–1955 19.3 The Khrushchev Thaw, the New Mindset and Lifestyle: 1955–1962 19.4 Design Systems of the USSR, VNIITE, Departmental Research Institutes, Fashion Design Bureau: 1962–1992 19.5 Russian Design, New Trends and Developments: 1993–2021 References 20 History of Design Protection in Russia 20.1 Introduction 20.2 1864–1917: Imperial Legislation on the Eve of the Industrial Revolution 20.3 1922–1936: A Short Period of Post-Revolutionary Legislation 20.4 1965–1991: The Socialist Experiment Fostering ‘Technical Aesthetics’ 20.5 1991–The Present: Liberalization and Modernization 20.5.1 1991–2014: Back to the Market 20.5.2 Onwards: Modernizing Industrial Design Law 20.5.3 Copyright Protection for Designs 20.6 Final Remarks and Perspectives References Part III North America 21 American Design, Breaking the Mold 21.1 What is Design? 21.2 What is American Design? 21.3 Birth of Design and the Shifting Role of the Craftsman 21.4 The Arts and Crafts Movement and Tiffany Lamps 21.5 The Story of Bakelite 21.6 The Beginnings of Consumerism 21.7 Getting Ready for War 21.8 The ‘American Dream’ 21.9 Buckminster Fuller and the Whole Earth Catalogue 21.10 Jay Chiat, the Open Space Office, and New York Zoom 21.11 The Peak Design Years 21.12 Redefining Product Design, the Birth of NOOKA, and the ‘Design Entrepreneur’ 21.13 The 1990s and 2000s—The Age of Disruption 21.14 Designer Example of the 2000s 21.15 Convergence 21.16 Design in the Era of COVID-19 21.17 Reflections and the Lasting Impact of American Design 21.18 The Future of Design? References 22 History of Design Protection in the United States of America 22.1 Introduction 22.2 The 1842 Act: The First Design Protection Legislation in the US 22.2.1 Background 22.2.2 The 1842 Act 22.3 The 1861 Act 22.4 The 1870 Act: The Word ‘Useful’ Added 22.5 The 1874 Act: Impact of the Term ‘Invention’ 22.6 The 1887 Act: Special Provision for the Remedy of Design Patent Infringement 22.7 The 1902 Act: The Rise of Industrial Design 22.8 The 1952 Act and Current Status of Design Protection 22.8.1 1952 Act: Current Design Patent Law 22.8.2 Other Design Protection Laws 22.9 Conclusion References Part IV South America 23 History and Current Status of Design in Brazil 23.1 Introduction 23.2 A Story Before the Beginning 23.3 Brazilian Design 23.4 Conclusion, Design, and Public Policy References 24 History and Current Status of Design Protection in Brazil 24.1 Introduction 24.2 History and Development of Design Protection in Brazil 24.2.1 Design Protection Under the Copyright Law 24.2.2 Design Protection Under the Industrial Property Law 24.2.3 Dual Protection Under the Copyright Law and the Industrial Property Law 24.3 Current Protection of Designs in Brazil 24.3.1 Protection Under the Copyright Law 24.3.2 Copyright Law Cases 24.3.3 Protection Under the Design Law 24.3.4 Design Protection Cases 24.4 Conclusion References Part V Oceania 25 A Chronological History of Australian Design 25.1 Introduction 25.2 Indigenous Design 25.3 Early Colonial Design (1788–1850) 25.4 Free Settlement and Prosperity (1850–1900) 25.4.1 Exhibitions and Technological Innovation 25.5 Federation and the Inter-War Years (1901–1939) 25.5.1 Commercial Artists 25.5.2 ‘Indigenous’ Modernists 25.6 Post-War Modernization (1945–1969) 25.6.1 Promoting Good Design 25.6.2 The Professionalization of Industrial and Interior Design 25.6.3 Fashion and Graphic Design Consultancy 25.7 The Late Twentieth Century (1970–2000) 25.8 The Twenty-First Century (2001–Present) 25.9 Conclusion References 26 A History of Australian Design Law 26.1 Introduction 26.2 Overview of Design Protection in Australia 26.3 ‘Settlement’ (1788–1850) 26.4 Colonial Design Protection (1850–1900) 26.4.1 Colonial Patent Laws 26.4.2 Colonial Copyright Laws 26.5 Nationhood and the Designs Act 1906 (Cth) (1900–1906) 26.6 New Approaches to Design (1906–1967) 26.6.1 Modern and Functional Designs for Mass-Produced Products 26.6.2 Design and Copyright Overlap 26.7 Reform Part I (1968–1985) 26.7.1 Design and Copyright Overlap Revisited 26.7.2 Franki Committee and the Designs Amendment Act 1981 (Cth) 26.8 Reform Part II (1986–2002) 26.8.1 New Approach to Design and Copyright Overlap 26.8.2 Lahore Inquiry into Intellectual Property Protection for Industrial Designs 26.8.3 Australian Law Reform Commission Review 26.8.4 Other Developments 26.9 Designs Act 2003 (Cth) 26.10 Reform Part III (2004–2021) 26.10.1 ACIP Review of the Designs System 26.11 Indigenous Design 26.12 Concluding Remarks References Part VI Summary and Analysis 27 History of Design and Design Law: Connections, Influences and Observations 27.1 Introduction 27.2 A Historical and Interdisciplinary Approach 27.3 Approaches to the History of Design and Design Law 27.4 Key Themes Connecting the History of Design and Design Law 27.4.1 The Changing Nature of Design and the Subject Matter of Design Protection 27.4.2 Modernism, Technology, Mass Production and Substantive Protection Requirements 27.4.3 Nation Building, Government Policy and Design Protection Systems 27.4.4 The Designer and Their Role in Design Protection 27.5 International and Regional Influences 27.5.1 International and Regional Influences in Design History 27.5.2 International and Regional Influences in Design Protection 27.6 Key Observations on the Protection of Design 27.6.1 Design Law Subject Matter 27.6.2 Nature of the Right 27.6.3 Functional Designs 27.6.4 Examination 27.6.5 Substantive Protection Requirements 27.6.6 Deferred Publication or Secret Design Systems 27.6.7 Overlapping Copyright and Design Protection 27.7 The Future References For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters one on the history of design and the other on the history of design law authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it