• ISSN: 2010-0248
    • Abbreviated Title: Int. J. Innov.  Manag. Technol.
    • Frequency: Bimonthly
    • DOI: 10.18178/IJIMT
    • Editor-in-Chief: Prof. Jin Wang
    • Executive Editor: Ms. Nina Lee
    • Abstracting/ Indexing: Google Scholar, Ulrich's Periodicals Directory,  Crossref and ProQuest, Electronic Journals Library.
    • E-mail: ijimt@ejournal.net
IJIMT 2019 Vol.10(4): 161-168 ISSN: 2010-0248
doi: 10.18178/ijimt.2019.10.4.855

Profiting from Design: An Examination of Attitudes and Perceptions towards Patent Rights Infringement in Consumer Society

Stephen T. F. Poon
Abstract— The purpose of this study is to critique and examine the infringement of design patents, and their impact on the Malaysian design industry and local consumers. The perspectives of local stakeholders are sought in aspects of their attitudes and perceptions towards design patent rights infringement. A review of secondary literature provides term definitions and statistics to highlight the ongoing challenges surrounding the issue, insights surrounding global intellectual property laws, relevant cases on design infringement, and differences in assessment of rights infringement for design. Another research aim is to discuss design rights infringement in the broader scope of creative works and content found online. The primary research methodology implemented is qualitative interviews with industry professionals, intellectual property agency, as well as local merchants and consumers from both retailing and service sectors who work within Malaysia. The major findings from research show that the benefits of intellectual property registration as a method to protect innovation and creativity are little comprehended. Counterfeit designs are still seen to be acceptable so long as market demand and pricing factors are stronger motivations than owning original or authentic works, and “doing the right thing” to support designers in their pursuit of excellence doesn’t justify avoidance of counterfeit goods which have misappropriated the brand or content owners’ intellectual property rights. Malaysian design practitioners must continue to develop keen understanding of how design rights are substantial investments of creative assets, and whether they work in content production or commercial marketing, educating consumers on the concept of disciplined and ethical consumption choices enables a healthier regard for design ideations, and this would improve social dialogues to create respect for designer input, thus planting a seed of change in consumer attitudes towards purchasing imitation goods.

Index Terms— Consumer attitudes, design patent, infringement, intellectual property.

Stephen Poon is with Asia Pacific University of Technology & Innovation, Malaysia (e-mail: stephentfpoon@aol.com).

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Cite: Stephen T. F. Poon, " Profiting from Design: An Examination of Attitudes and Perceptions towards Patent Rights Infringement in Consumer Society," International Journal of Innovation, Management and Technology vol. 10, no. 4, pp. 161-168, 2019.

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