James Delahunty
25 Nov 2011 5:29
Finnish NPTO on design protection.
Did your grandmother ever make clothes for you as a kid? Such as a scarf or socks for example? In many cases, the designs on those items of clothing came from weaving magazines or guides for enthusiasts. I bet your grandmother never thought it would be considered a crime to give you such a nice gift?
In Finland, that may actually be the case. The National Patent and Trademark Office (NPTO) has explained that if the designs in such magazines are protected, then you can only use the instructions/guide to craft a product for your own personal use, even taking into account that the designs could be published in a magazine for knitting / weaving enthusiasts.
The NPTO explained that deciding where to apply limits is difficult, because design protection doesn't only apply to commercial use.
"Design protection forbids commercial and professional abuse, but you can make one product [using the guide] for your own personal use. The limit where those rights end is a shady line. One must consider that more you make, the closer the [professionalism] line is. It isn't really for your own use if you make gifts for wider circle", says Tapio Priia from NPTO.
Breaching this protection could result in a fine, and carries the prospect of paying damages to the owner of the design.
- Information and direct quotes translated from Finnish source. (yle.fi)