International harmonisation of designs law: the case for diversity

Abstract

Industrial design is a hybrid, it lies at the intersection of art and utility. Design refers to aspects of pure and high art, and design is also a feature of the most utilitarian of objects. Design is therefore an essential component of aspects of art and craft, and also of a wide range of consumer and industrial products. In design policy, there is a continuing tension between the desire to protect and promote competition in the commercial arena, and the desire to promote art, creativity and culture.