Innovation and Rights - Developing Biomedical Devices: Design, Innovation and Protection - page 34

Spare parts can be protected only theoretically: in actual fact, the holder cannot
prevent independent spare part dealers from reproducing and selling a component
whose aim is to repair a complex product and restore the original look.
Law-makers opted for deregulation in the market of spare parts.
The “repair clause” should exclude accessories, because these feature a shape
which tends to be free and self-standing, since they are provided with autonomous
aesthetic value [ 11 ].
A design is also protected by copyright, but only if it is provided with creative
character and artistic value.
It is hard to define as well as to assess the above-mentioned requirements: in
definition, reference might be made to the personal imprint supplied by the author
to the work , whereas in assessment reference might be made to the particular aes-
thetic value of the work or the strong innovative character compared to current
socio - cultural trends .
Design […] as a word is common enough, but it is full of incongruities, has innumerable
manifestations, and lacks boundaries that give clarity and definition.
Design has so many levels of meaning that it is in itself a source of confusion.
John Heskett, 2002
The design has a more complex nature than invention engineering. Actually, it
should be noted how hard it is to define what intent to “industrial design” is and to
provide a definition including all the facets of this discipline.
Industrial design is an inseparable mix between art and industry. In particular,
the Italian design plays a recognized world-class role which combines elegance
and practicality, innovation and modernity.
Industrial design products ensure a precise identity, can increase the value of a
product on the market, improving business performance and promoting competi-
tiveness. In addition, the industrial design is an indicator of cultural belonging and
identity.
Industrial design protection is an incentive for the development of Italian
design in the creation of quality through the use of legal instruments. It also allows
authors to obtain exclusive rights by preventing the spread of unauthorized copy-
ing and imitation of their project by a third party.
The industrial design—that cannot be defined either as Article or science, or as
technology, it has elements from all these three disciplines—does not easily adapt
to the models and procedures used for the protection of inventions.
Design is a subject on which, in recent years, the European Commission has
either directly or indirectly promoted a number of initiatives, from law-making
and regulation of intellectual property rights in the fight against infringement, to
the promotion of a number of support activities and European projects to foster
research, learning and networking.
Effective solutions to the protection of designs and models should be inves-
tigated in view of the peculiarities of this area, if not difficult, design is the
definition of the object of protection, it is not easy to provide an exhaustive def-
inition of the concept of invention design, including the various facets of this