Copyright

COPYRIGHT

SIA Ausma Media informs that Foxy is registered as a design under registration number D15 751. Under Article 8 of the Law of Designs, registered designs are legally protected and, in addition, protection is extended to the "common impression". The characteristic features of a design are, in particular, the lines, the shape and form and, in some cases, the combination of colours, if this gives the design its individual character.

In the case of Foxy, the characteristic features of the design are the shape and form, the combination of colours (it is the combination of colours, not the choice of colours, that is decisive) and the relative proportions and arrangement of the elements of the design.

We clarify that it would not be accepted that a change of colours, materials or an insignificant change of proportions makes the product a different design with a different overall impression, and that for the product in question, there are no objective technical/artisanal constraints on the choice of other fox designs - therefore according to the provisions of Articles 6 and 8 of the Law of Designs, the design of the Foxy is protected and the manufacture of any other similar fox, even with slight modifications or using a different combination of colours/materials, if it does not show a different overall impression, shall constitute an infringement of the legal protection of a registered design. Registered designs can be found on the website of the Latvian Patent Office.

According to Section 12(2) of the Law of Designs, the owner of the design has the exclusive right to use the design and to prohibit any other person from using it. In particular, the making of an article in which the design is implemented or incorporated, the offering for sale, import, export, use, other distribution on the market and storage of such an article for those purposes shall constitute use of the design.

It follows from the foregoing that the design of Foxy, registered under number D15 751, as well as similar products which do not create a distinctive overall impression, may be used only with the authorisation of the holder of the design or of a person authorised by him.

In addition to obtaining the aforementioned authorisation, pursuant to Article 54 of the Law of Designs, the owner of the design has the right to apply to the State Police and the person who has infringed the legal protection of the design may be subject to administrative liability under Article 53 of the Law of Designs and the owner of the design has the right to claim damages for the unlawful use of the design.

We ask you to respect the intellectual contribution of the owner of the design and, if you wish to use the design, to contact us at info@ausma.lv

Please also note that the website and the objects developed by SIA Ausma Media are the intellectual property of SIA Ausma Media even without separate registration, and therefore may only be used with the prior permission of SIA Ausma Media.