Design Law Paper
Design Law Paper
Design Law Paper
Research Article
The design process determines not only whether a product can be successfully developed but also the sequence of
design tasks of designers as well as the resource inputs and design outputs of a company directly. Nonetheless,
designers are often unaware of the importance of legal protection of design during the design process, and
consequently, the infringement of the intellectual property of others is often unrealized until the mass production
stage. In the study, the researchers used design process theory modeling and practical design processes to draw out
a standard product design process and to determine the check points of intellectual property rights of design process
orientation (DPO) and law object orientation (LOO). DPO, on the one hand, is design process based and allows
companies to search for legal protection and suggestions according to a specic design process. LOO, on the other
hand, is law object based and allows companies to quickly identify the required intellectual property laws and design
knowledge protection suggestions. Copyright 2015 John Wiley & Sons, Ltd.
in terms of knowledge management. In view of pos- is rarely a key concern at the initial stage of the
sible intellectual property infringement lawsuits, the design process.
following objectives were set for the study: (i) The (iv) Incidental copying is unlikely to happen be-
design process theory modeling will be combined cause rstly, product design can be very expen-
with the practical design process; (ii) the standard sive because of costs, such as the model-making
product design process (SPDP) will be dened; (iii) cost. Secondly, relevant industries tend to know
the design knowledge protection of IPRs will be de- the differences among competitors pretty well.
veloped based on SPDP; and (4) design knowledge (v) Because the carrier of commercial design is
protection will be reviewed by law object. restricted to the two-dimensional type, com-
Because the process of design can be used in a mercial design is more likely to experience in-
variety of domains, such as the circuit design, the de- cidental similarities or have identical ideas.
sign process in this study is focused on product de- (vi) The design journals or the research and deve-
sign. Depending on the dened scope or corporate lopment journals commonly used by designers
structure, the design process proposed by scholars are more a sort of formality. They cannot pro-
and companies may differ. In order to develop an tect design or creation effectively.
all-purpose design process, the investigators had (vii) The design process theory modeling and the
made sure that the proposed design process covers practical design process do not vary signi-
the core of the majority of product design. cantly, but each company may adjust the de-
sign process according to its own conditions,
such as the number of designers and the type
STANDARD PRODUCT DESIGN PROCESS of projects (e.g., conceptual projects or projects
for improvement).
Because design is under the discipline of engineer-
Next, the study listed every process element
ing, the study used engineering index (EI) as the
found from the previously mentioned 43 papers on
main database for the literature search. The latter
a piece of card. Next, experts were asked to use
half of the design processes are commonly linked
the KJ method in which all process elements were
to the manufacturing chain, and because design is
rst disassociated from each other and then con-
part of the engineering discipline, the investigators
verged into a new design process. Lastly, the inves-
can obtain quite comprehensive literature informa-
tigators dened SPDP as comprising the following
tion from the EI database. The study used keywords
ve major stages: strategy, conceptual, model, test,
for literature search and checked all design-process-
and production. Refer to Figure 1.
related studies from journals between 1969 and
2013. A total 562 papers were collected.
In this study, the design process is focused on the
process of product design. Therefore, other types of DESIGN KNOWLEDGE PROTECTION OF
design processes (e.g., circuit board design) were DESIGN PROCESS ORIENTATION
excluded in this study. From all relevant papers, the
investigator selected 43 of them that are more relevant For designers to have a good control of the design
to the product design and reviewed these studies outputs at each stage of the design process, the
(Table 1). To further understand elements constituting investigators prepared a list of design-process-
the design processes presented in these 43 journal pa- oriented IPR table based on as follows: (i) IPR-related
pers, the investigators compared the major owcharts design outputs; (ii) conditions of document disclo-
of these studies to extract the process elements. sure and condential afdavits; (iii) descriptions of
To combine design process theory modeling the attributes of applicable laws and rights; and (iv)
with practical design processes, the investigators design knowledge protection suggestions (Table 2).
interviewed three designers who, on average, have
more than 8 years of practical experience in the
product design domain. Suggestions collected from DESIGN KNOWLEDGE PROTECTION OF
the interviewees are summarized as follows: LAW OBJECT ORIENTATION
(i) The basic process of product design comprises After testing the previous process, the investigators
strategy, conceptual, detail, test, and produc- found that one design output can be protected by
tion steps. different IPRs. Among the various IPR laws, Patent
(ii) Commercial design has to be careful with IPR Act (PA), Trademark Act (TA), Copyright Act (CA),
infringement throughout the design process. It and Trade Secrets Act (TSA) are practically and
is especially true for cultural creative products. most directly related to design and creation.
(iii) Technologically speaking, product design has Each of these four acts has its dened law objects.
a higher entry barrier, and moreover, a design PA can be divided into invention patents and
concept is likely to be interpreted differently design patents. The law objects of PA are creation
by different companies As a result, plagiarism of technical ideas, shapes, patterns, colors,
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
Design & Law Orientation of Design Protection 43
1 A creativity-based design process for Data collection and classication, Hsiao and Chou (2004)
innovative product design evolutionary thinking, and so on
2 Coordinating product design, process Coeditor receives submission, Rungtusanatham and
design, and supply chain design decisions coeditor evaluates submission, Forza (2005)
and so on
3 Using AHP and TOPSIS approaches in Identication of customer Lin et al. (2008)
customer-driven product design process requirements, determination
of importance degrees by
customers perception, and so on
4 A science-based approach to product Design specications, synthesis, Zeng and Gu (1999)
design theory Part Iformulation and and so on
formalization of design process
5 An adaptive design process generated by Problem, analysis, and so on Chen and Chen (2004)
the integration of systematic design process
and design patent protection mechanism
6 A case study of the use of ergonomics Establishment of need, design Skepper et al. (2000)
information in a heavy engineering design specication, and so on
process
7 A participantobserver study of ergonomics Start of anthropometric analysis Burns and Vicente (2000)
in engineering designhow constraints of existing design, received
drive design process anthropometric data specic to
the local population, and so on
8 High touchergonomics in a conceptual Identication of functional Lee et al. (1997)
design processcase studies of a remote requirement, identication of
controller and personal telephones operational constraint, and so on
9 A review of the design process for Feasibility, design, and so on Aitchison et al. (2009)
implantable orthopedic medical devices
10 Modular design process for a micro motion Actuator specication, functional Wang (2005)
actuator analysis, and so on
11 A multi-relational and interactive model Environmental input, purpose Camelo and Mulet (2010)
for supporting the design process in the function, and so on
conceptual phase
12 Describing the creative design process by Analysis of task, conceptual Howard et al. (2008)
the integration of engineering design and design, and so on
cognitive psychology literature
13 The design processproperties, paradigms, Market needs, conceptualization, Braha and Maimon (1997)
and structure and so on
14 A framework for incorporating the Can the vector or pathogen Ward and Brown (2004)
prevention of Lyme disease transmission habitat be modied, can host,
into the landscape planning and design vector, or pathogen habitat be
process modied, and so on
15 A model for capturing and representing Design reaction, design reaction Gonnet et al. (2007)
the engineering design process and separation and so on
16 A taxonomy of models used in the design Discover, reframe, and so on Mendel (2012)
process
17 An approach to solve contradiction System development, unit and Houssin and Coulibaly
problems for the safety integration in integration testing, and so on (2011)
innovative design process
18 Development of an integrated-collaborative Product functions, physical Li and Zhao (2009)
decision making framework for product structure, and so on
top-down design process
19 Hierarchical modeling of the VLSI design Betravional, structural, and so on Hekmatpour et al. (1991)
process
20 Icarusthe design process of a conceptual Ergonomic, computer-aided Simoes (2001)
vehicle design (CAD) modeling, and
so on
21 Intelligent reasoning assistant for Producibility analysis, process Sanchez (1997)
incorporating manufacturability issues planning analysis, and so on
into the design process
22 Optimal testing strategies in overlapped Concept design, concept tests, Qian et al. (2010)
design process and so on
23 Top-down design process for gate-level Use logic descriptions to obtain Sandige and Member
combinational logic design Boolean function or their (1992)
complements in SOP form, and
(Continues)
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
44 R. Chen
Table 1 (Continued)
computer-generated icons, and graphic user inter- oral and literary works, musical works, dramatic
faces. The law objects of TA are words, designs, and choreographic works, artistic works, photo-
symbols, colors, three-dimensional shapes, motions, graphic works, pictorial and graphical works, au-
holograms, and sounds. The law objects of CA are diovisual works, sound recordings, architectural
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
Design & Law Orientation of Design Protection 45
Figure 1 SPDP
S1-1 Undisclosed Undisclosed company Trade Secrets Act Persons handling the
internal documents but with Article 2: companys internal
company condential afdavit The term trade secret as used in information documents
documents (e.g., project proposals) this act shall mean any method, with economic values
technique, process, formula, have signed a condential
program, design, or other agreement to protect
information that may be used in important internal
the course of production, sales, or information from
operations, and also meets the disclosure.
following requirements:
(i) It is not known to persons
generally involved in the
information of this type;
(ii) it has economic value, actual or
potential, because of its secretive
nature; and
(iii) its owner has taken reasonable
measures to maintain its secrecy.
S1-2 Disclosed Disclosed company Copyright Act Safeguard the date and
company documents with a value Article 5: creation process of
documents of originality (e.g., For the purposes of this act, disclosed documents,
project proposals) works shall include the which can be used as a
following: ligation proof later.
(i) Oral and literary works
(ii) Musical works
(iii) Dramatic and choreographic
works
(iv) Artistic works
(v) Photographic works
(vi) Pictorial and graphical works
(vii) Audiovisual works
(vii) Sound recordings
(ix) Architectural works
(x) Computer programs
Article 10 bis:
Protection for copyright that has
been obtained in accordance with
this act shall only extend to the
expression of the work in
question, and shall not extend to
the works underlying ideas,
procedures, production processes,
systems, methods of operation,
concepts, principles, or discoveries.
S2 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
S3 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
(Continues)
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
46 R. Chen
Table 2 (Continued)
(B) Conditions of
document disclosure (C) Descriptions of the
(A) IPR-related and condential attributes of applicable (D) Design knowledge
Code design outputs afdavits laws and rights protection suggestions
S4 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
C1 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
C2 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
C3 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
C4 Same as S1-1 Same as S1-1 and S1-2 Same as S1-1 and S1-2 Same as S1-1 and S1-2
and S1-2
M1-1 Physical (i) An undisclosed Patent Act (PA) Select a specic patent
models creative work and Article 21: category (functional or
(ii) a creative work may Denition of invention: appearance) based on the
be easily cracked or Invention means the creation attributes of the physical
copied by competitors of technical ideas, utilizing the model for patent application.
laws of nature. For functional attributes,
Article 121: choose the invention patent
Denition of design: Design for protection, and for style
means the creation made in attributes, choose the
respect of the shape, pattern, design patent for protection.
color, or any combination
thereof, of an article as a whole
or in part by visual appeal. For
computer generated icons (icons)
and graphic user interface applied
to an article, an application may
also be led pursuant to this act
for obtaining a design patent.
M1-2 Physical (i) A creative work Same as S1-1 Same as S1-1
models undisclosed but with
condential afdavit
and (ii) a creative work
may not be easily cracked
or copied by competitors
M2 Same as M1-1 Same as M1-1 Same as Article 121 of Apply design patent
PA of M1-1 protection
Same as M1-2 Same as M1-2 Same as M1-1 Same as S1-1
M3 Same as M1-1 Same as M1-1 Same as Article 21 of Apply invention patent
PA of M1 protection
Same as M1-2 Same as M1-2 Same as M1-1 Same as S1-1
M4 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
T1 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
T2 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
T3 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
P1 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
P2 Same as M1-1 Same as M1-1 and M1-2 Same as M1-1 and M1-2 Same as M1-1 and M1-2
and M1-2
P3
works, and computer programs. The law objects of design outputs. Companies can also use Table 3 to
TSA are methods, techniques, processes, formula, nd out appropriate laws and suggestions for de-
programs, design, and other information that may sign knowledge protection.
be used in the course of production, sales, and oper- Table 3 can be used for companies to quickly nd
ation. Table 3 shows the law-object-oriented IPRs. the IPR laws for a specic design output. Compa-
This table can be used by designers to check rele- nies can also determine which law can provide the
vant intellectual property laws based on their best protection based on their IPR strategies or
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
Design & Law Orientation of Design Protection 47
attributes of the design output. Some suggestions The company has to do trademark database
for companies about choosing laws for design search rst to ensure that the trademark has
knowledge protection are presented as follows: not been registered by others; (ii) the trademark
registration can be submitted to the intellectual
(i) For using PA for design knowledge protection, property ofce of the desired country with the
one has to be aware of the following matters: (i) trademark application form ready; (iii) it is im-
During patent database search, it is important portant to collect as much evidence as possible,
to check for novelty, which is essential for paten- for example, trademarks used on the shipping
tability; (ii) the patent application should be order, packaging, and products, to demonstrate
submitted to the intellectual property ofce of that the trademark has been used on the mar-
the desired country with the invention patent ket in order to increase the approval rate of
or design patent application form and descrip- the trademark.
tion ready; (iii) before obtaining the patent, (iii) For using CA for design knowledge protection,
the company should try its best to prevent dis- one has to be aware of the following matters: (i)
closing the creative work. By doing so, novelty According to CA, creators simultaneously pos-
will not be lost if the application date is missed sess the right to a creative work, and copyright
accidentally; and (d) PA and TSA cannot be owners should try their best to publish the
used jointly. Choose either PA or TSA. works or to acquire the legal date proving the
(ii) For using TA for design knowledge protection, time that the work is completed and (ii) the de-
one has to be aware of the following matters: (i) sign journal or other relevant design drafts
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
48 R. Chen
should be kept as evidence for any infringe- design output is generated, the company can
ment lawsuit in the future. quickly identify the corresponding intellectual
(iv) For using TSA for design knowledge protec- property laws and suggestions for protecting the
tion, one has to be aware of the following mat- design (Figure 3).
ters: (i) Companies should adopt necessary The study found that as follows: (i) From the
condential measures, such as condential perspective of legal protection, invention patents
agreement, or have important information kept and TSA may overlap. Fortunately, it is legally
by various people and (ii) TSA and PA cannot stipulated that only one of them can be adopted
be used jointly. Choose either TSA or PA. for protection. As a result, companies have to
choose one for design knowledge protection. (ii)
Design patents and TA may overlap too, but current
DISCUSSION AND CONCLUSIONS laws permit them to be both applied. As a result,
companies can exibly use the feature strategically.
The investigators searched for various design pro- Design process orientation is design process
cesses from academic journals. After integrating based, and an advantage of it is that designers or
suggestions from experts from the industry, the in- companies can identify suitable protection laws or
vestigators developed and redened SPDP to con- suggestions for a specic design process. LOO, on
tain ve major stages: strategy, conceptual, the other hand, is based on the original statutory
modeling, test, and production, corresponding to protection object, and the advantage is that the
PA, TA, CA and TSA, respectively. In the future, de- protected object is better dened, allowing de-
signers can search for appropriate IPR laws accord- signers and companies to quickly nd out relevant
ing to SPDP and the attributes of the to be protected protection laws and suggestions.
creative work (Figure 2). The study proposed design knowledge protection
The design knowledge protection of design of DPO and LOO. The main objective is to discuss
process orientation (DPO) is developed based on concrete design outputs from design processes and
the design process, and the aim is for companies corresponding IPR laws from the perspective of
to identify appropriate laws and suggestions for practical design. Whether it is DPO or LOO, one
design knowledge protection based on the specic should be aware that not every creative output has
design process. Nonetheless, this approach may the value for protection. Designers should assess
not be applicable for companies that do not use the creative work based on the efcacy, cost, and
any design process. In this case, design strategies of protection and consider the basic
knowledge protection of law object orientation attributes (e.g., industrial property rights versus
(LOO) can be applied to list out the law objects cultural property rights) of the four sets of
of PA, TA, CA, and TSA LOO. Once a denite intellectual property laws before making a choice.
Figure 2 Overall design knowledge protection of design process orientation and law object orientation
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
Design & Law Orientation of Design Protection 49
Copyright 2015 John Wiley & Sons, Ltd. Know. Process Mgmt. 22, 4150 (2015)
DOI: 10.1002/kpm
50 R. Chen
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DOI: 10.1002/kpm
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