Copyright & Patent Tips In Jewelry: Protecting your designs

In recent years, an increase in demand for custom jewelry has been manifested. This is mostly due to the convenience of having someone sketch a highly sophisticated jewelry design by hand and having it digitized thanks to the power of jewelry CAD technology! With the end goal of giving consumers a unique piece of jewelry.

Because of the vast variety of jewelry product images made available to everyone online, countless jewelry designers are becoming more and more worried about the safety of their unique creations.

Thus, we chose to look at some of the key fundamentals of jewelry copywriting and explain its importance in legality. 

Are jewelry designs intellectual property?

Yes, they are. To help you understand better, first, let’s explain what Intellectual Property is.

According to WIPO, any creative ideas conceived from the human mind such as inventions, works of art, literature, designs, images, or symbols used commercially are elements of intellectual property. In jewelry design, there are 3 types of legal protection you can opt for:

1. Copyright
2. Patent
3. Trademark

We will leave trademarks for another article, as it touches more jewelry brands rather than the design aspect. 

Patents are given solely for entirely distinct designs that present an innovative concept or a problem-solution approach to a design. To obtain a patent, instead of a copyright attestation for a jewelry design, you may have to adequately prove that your concept proposes a whole-new method of something that’s been undone prior.

For example, this clever flipping mechanism is a great way of reducing the risk of losing your earrings:

Can you copyright jewelry designs?

Jewelry, opposite to fashion, qualifies for copyright protection. Similar to music composition or books, jewelry designs obtain copyright custody right when the idea is drawn on paper. 

Jewelry is protected by copyright law the second it is made, similar to other authentic creations. Initially, no paper is needed to ensure this. Nevertheless, a formal copyright registration in compliance with the U.S. Copyright Act must be completed and approved to support a possible infringement when noticed.

Additionally, so as to be qualified for legal harms and lawful expenses, a formal registry of your original creation must occur no longer than 3 months from the date your design is released to the public (ex: e-shop, social media, etc.).

 

Jewelry copyright can be obtained for singular items, or for an entire collection set to minimize the headache associated with filling multiple paperwork, processing time, and cost. A formal copyright application process may take a few months. It is important to mention that jewelry design ideas or concepts as-is are not the elements being copyrighted, but rather the perceptible expression of that idea.

If an individual files for copyright infringement, he or she must demonstrate that the violator had access to the jewelry model in question and that the imitation and/or copying features are obviously noticeable. On the off chance that there is no comparability between the two, the case for copyright encroachment is void.

 

At Sarkissian Luxury Studio, we take your design’s confidentiality very seriously. This is why all of our commissioned work is backed with a Non-Disclosure Agreement, to fully shield your intellectual property and ensure your data and ideas are protected before it is released commercially.