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Criações de design

Base da análise jurídica da propriedade intelectual do design

Name
Denise Ferreira
Year
2015
Institution
Lisbon School of Architecture Universidade de Lisboa
Supervisors
Cláudia Trabuco, Eduardo Afonso Dias
Discipline
Design
Scope
Intellectual property
Taxonomy
Praxiology
Type
Theoretical
Language
Portuguese
Wordcount / Pagecount
123,900 / 354
Joint supervision
No

The basis of the legal analysis of the intellectual property of design

Research Process (6 methods)

  • 1. Literature review N = x
    Exploratory Qualitative

    x

  • 2. Document analysis N = 5
    Generative Qualitative

    Design in intellectual property legislation (Portugal, Spain, United Kingdom, Brazil, USA)

  • 3. Questionnaire N = 121
    Generative Qualitative

    Group of design professionals

  • 4. Questionnaire N = 10
    Generative Qualitative

    Group of experts

  • 5. Model development N = 1
    Generative Qualitative Participatory

    Portuguese legal protection model for design creations

  • 6. Focus group N = unspecified
    Evaluative Qualitative

    Group of experts

Knowledge Transfer & Exchange

Knowledge Exchange (PhD Process) Produced with input

IK&T Academia Design Practice Society
Context Yes No No
Vision No No No
Means No No No

Recommendations (9)

R288 Theoretical & Conceptual Policy & Standards Priority: High

Develop an updated taxonomy of design-object classes and typologies that is usable both by designers and by intellectual-property systems, so that registration and legal analysis are based on clearer object categories.

Scope
Macro
Time Horizon
Medium
Evidence Strength
Indicative
Feasibility
Medium
R289 Theoretical & Conceptual Methodological Priority: High

Map the boundary between design and marketing in intellectual-property analysis, distinguishing what belongs to project authorship, branding strategy, and market communication.

Scope
Macro
Time Horizon
Medium
Evidence Strength
Indicative
Feasibility
Medium
R290 Theoretical & Conceptual Participation, Equity & Ethics Priority: Medium-High

Study the boundary between design and craft in intellectual-property terms, especially where authorship, seriality, manual transformation, and uniqueness overlap.

Scope
Macro
Time Horizon
Medium
Evidence Strength
Indicative
Feasibility
Medium
R291 Theoretical & Conceptual Policy & Standards Priority: High

Define more precisely the boundaries between design, engineering, and architecture in intellectual-property protection, focusing on how technical, spatial, and formal contributions overlap within one project.

Scope
Macro
Time Horizon
Long
Evidence Strength
Indicative
Feasibility
Low-Medium
R292 Evaluation, Monitoring & Impact Resourcing & Sustainability Priority: Medium-High

Study the life span of design objects by area of intervention—from conception through use, obsolescence, and “death”—to calibrate more adequate protection durations and management strategies.

Scope
Macro
Time Horizon
Medium
Evidence Strength
Indicative
Feasibility
Medium
R293 Methodological Evaluation, Monitoring & Impact Priority: High

Identify the registration errors designers most frequently make across industrial-property mechanisms, explain why they occur, and use the findings to create better filing guidance.

Scope
Meso → Macro
Time Horizon
Short → Medium
Evidence Strength
Indicative
Feasibility
High
R294 Artifact, System & Service Design Policy & Standards Priority: Critical

Build interoperable databases that cross-reference copyright records with industrial-property records, and also connect the different industrial-property mechanisms, so designers and examiners can detect overlaps, gaps, and conflicts earlier.

Scope
Macro
Time Horizon
Long
Evidence Strength
Indicative
Feasibility
Low-Medium
R295 Process & Organization Evaluation, Monitoring & Impact Priority: High

Study how intellectual-property education in higher design education affects designers’ later professional practice, especially their protection choices, contract literacy, and strategic use of IP.

Scope
Meso → Macro
Time Horizon
Medium
Evidence Strength
Indicative
Feasibility
High
R296 Dissemination & Knowledge Mobilization Process & Organization Priority: High

Create advisory supports—guides, clinics, or toolkits—that help designers choose the right protection mechanism, file registrations, and draft work/IP clauses in contracts.

Scope
Meso
Time Horizon
Short → Medium
Evidence Strength
Indicative
Feasibility
High