PROTECTING AND UNDERSTANDING DIGITAL DESIGNS – THE SHAPE OF THINGS TO COME

Abstract

This study looks into aspects of the new EU design legislation that relate to the subject-matter of digital designs and the extent to which Polish law should adapt for full harmonization. The first part examines the new open-ended definitions of a ‘design’ and ‘product’ with a focus on dematerialized items that exist solely through appearance. The second part touches upon several legal parameters serving the identification of the object of design protection. It discusses the visibility requirement embedded by the filing requirements, the eye-perception of design features, and the disconnection of the scope of protection from the designated product category. The last part takes an interdisciplinary approach based on the rules of psychology and design engineering in order to explain the issues that underline human vision, with a focus on the appearance of user interfaces. The understanding of sensory and cognitive determinants of human perception is a useful guide for a judge or examiner in the assessment of the overall impression of two designs. Because of the challenges resulting from the specificity of digital designs, this article argues that Polish law should comprehensively implement the new EU design provisions in order to prevent further difficulties in enforcement.