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UX14 - Beauty And The Beast: The Role Of IP Law In The Design Process (Manojna Yeluri)

uxindia
October 10, 2014

UX14 - Beauty And The Beast: The Role Of IP Law In The Design Process (Manojna Yeluri)

Back in 2011, ‘super’ angel investor Ron Conway, called design and user experience the new intellectual property. UX is one of the biggest legally recognized business assets in the corporate world today. Having said that, there’s little focus on incorporating legal information at the design stage thereby leading to the creation of cutting edge intellectual property that cannot be protected or monetized.

As UX professionals acknowledge the need to incorporate a more customer-centric approach in design strategies, it becomes important to continuously ask, ‘does the customer or user find my product attractive and useful?’ Recent trends suggest that the more popular devices emphasize great design aesthetics with functionality. To many the future of design is the marriage between form and utility, however Intellectual Property law does not share this perspective. Instead of protecting it under one single IPR, the law seeks to protect the design as separate elements under copyright, patents, trademarks or trade dress. Should designers then be privy to legal know-how at all stages of the design process? How do UX and CX strategies change owing to the form-functionality debate? And finally, does design need a change of outlook or does the law need to catch up?

uxindia

October 10, 2014
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  1. Talk to us
    @artistiklicense
    or
    @manojnayeluri

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  2. “I want a company that knows how to handle a
    customer.”
    - Case Study, Business Weekly, May 1998
    Customers are Forever
    “Companies with disdain for their customers
    provide bad service and poor user experience.”
    - “Customer Experience versus User Experience: What’s the difference
    and does it matter?” by Jon Innes, November 2013

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  3. Innovation is key
    Innovation is business
    UX+Design is business

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  4. “The reality is that generic elements of digital
    interfaces or parts of websites are in fact owned by
    various corporate entities and some of these
    entities have no intention of commercializing them
    within their own products. Simple functions within
    UX design as basic as menu systems and
    “upgrade” buttons are patented. These patents
    cannot be freely used by the people who don’t own
    them.
    I am sure almost every UX designer has
    unknowingly infringed upon a U.S. patent.”

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  5. IGNORANTIA JURIS
    NON EXCUSAT
    Not knowing what the law says is not a valid excuse
    What is innovation that doesn’t benefit anyone?

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  6. “Design is not just what it looks like and
    feels like. Design is how it works.”

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  7. The Legal Perspective
    The aesthetic and functional components of
    any intellectual property desirous of
    protection, need to be looked at as separate
    aspects.
    •Copyright
    •Trade Dress
    •Patents – Design or UTILITY

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  8. MULTIPLICITY AND CONFUSION
    As intellectual property ownership becomes
    more fragmented, the number of patent
    licenses required to develop technologies
    will increase, hindering innovation.

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  9. Should legal know-how
    become a part of initial
    creative stages and a part
    of design strategy?
    How can UX design
    respond to these legal gaps
    but still ensure optimal
    CX?

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  10. "But for the breakthrough innovators of the
    21st century, design has moved onto a much
    larger stage. It is where high function meets
    high style. And the traditional disciplines of
    IP — patents, trademarks and copyrights —
    are no longer ends unto themselves but are
    now viewed as component parts of a larger
    whole."

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  11. Do talk to us:
    artistiklicense.org
    Artistik License
    @artistiklicense OR @manojnayeluri
    Workshops|Legal Advice|Research

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