GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Adrian Pilcher, Nicholas Isola, Danielle Victor, James Castle, Louise Anne Turnock and Danielle Curtis, ISOLAS LLP
7.3 Industrial Designs Industrial design is an intellectual property right that legally protects the visual design of objects or part of an object in the territories it is registered in, and con - stitutes the ornamental aspect of an object. In Gibral - tar, there are two forms of industrial design: registered and unregistered. Designs registered in the UK are automatically pro - tected in Gibraltar by virtue of Section 2 of the Gibral - tar Designs Act 1928. UK-registered design right applications are made and obtained through the UK Intellectual Property Office. A design is legally defined as being the appearance of the whole or part of an object resulting from the features, shape, colours or materials of the object or ornamentation. Both 3D and 2D designs are protected by registered designs. The design must not have been publicly disclosed or published within the EEA prior to being registered. There is, however, a 12-month grace period following the disclosure which allows the designer to make its application. An unregistered design right in the UK arises automat - ically on the creation of an original object and where it has been recorded in an article or design document, subject to the provisions of Part 3 of the UK Copyright, Designs and Patents Act 1988. Designs registered in the UK have their rights extend - ed and protected in Gibraltar, and there is no need for any applications to be made in Gibraltar. Designs produced in Gibraltar enjoy reciprocal protection in the UK under Part 3 of the UK Copyright, Designs and Patents Act 1988. A registered design can be renewed every five years up to 25 years, subject to the payment of fees. The length of protection afforded to an unregistered design according to Section 216 of the UK Copyright, Designs and Patents Act 1988 will be 15 years from the earlier of the end of the calendar year in which the design was first recorded in a design document or an article was first made to the design; or if articles made to the design are made available for sale or hire within five years from the end of that calendar year,
ten years from the end of the calendar year in which that first occurred. Owners of both registered and unregistered designs are able to enforce action through the UK or Gibral - tar courts. For unregistered designs, remedies can include injunctive relief, damages or accounting for profit made. For registered designs, remedies can include injunctive relief, damages, accounting for profit made, delivery or destruction of the infringed product. 7.4 Copyright Copyright is a property right which subsists in sound recordings, films or broadcasts, original literary works – which includes databases, computer programs and preparatory design – dramatic, musical or artistic works and in the typographical arrangement of pub - lished editions. Copyright protects the author’s work in several ways and prevents others from replicating this work, making an adaptation of this work, putting it on the internet and performing or playing this work in public. Copyright protection is automatic upon the creation of the qualifying work, so no registration process is required. The length of the copyright is dependent on the type of work – for example, works such as writ - ten, sound, films and artistic work will last for 70 years after the author’s death. A copyright holder is able to enforce court pro - ceedings where they believe that there has been an infringement on the copyright, and remedies include damages, injunctions and accounts. It is a criminal offence to infringe copyright. 7.5 Others Other intellectual property rights in Gibraltar also extend to trade secrets. This is a common law right in which the information contained within has com - mercial value because it is secret, and the use or disclosure is likely to harm the interests of the trade secret holder in several ways – for example, regarding scientific and technical potential, business or financial interests, strategic positions or the ability to compete.
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