On how industrial design and legal system lost their common language – and why AI can be their first translator
The article addresses the issue of the lack of common language between industrial designers and the legal system. Designers make forms with visual, contextual and emotional meaning, while the law reduces them to measurable and formal visual declarations. This discrepancy leads to situations, in which the law does not understand, what it protects, and designers do not know, what they have actually registered. One example is the case of Trunki vs. Kidee, where the visual style of rendering determined the scope of protection of an industrial design.
Analysing the systems of industrial design protection in Europe, China, the USA, and Japan, the text demonstrates that the problem is not universal, but rather results from the accepted model of defining ‘form’ in the law. The article presents a conception of using AI as a tool with the role of a translator between the designer and the legal system. AI will not replace a human in decision making, but it can support the analysis of form, identify the risks of infringements, and help designers understand how their works will be interpreted in the context of legal protection. The article demonstrates that without such a tool, the system of industrial design protection will continue to function out of touch with designers’ real needs.
Keywords: intellectual property, industrial designs, artificial intelligence, originality, plagiarism