Such reproduction/imitation is illegal when an Intellectual Property Right (IPR) is infringed, inter alia:
- a registered trademark or trade name
- and/or an unregistered proprietary right for the "trade dress" or "get-up" or designation of a product
- and/or a patent, utility model and/or design right/design patent
- and/or a copyright
The IPRs listed above are infringed if any of the following occurs:
- Registered trademark or trade name: the copy products bear a mark or other designation which is identical or confusingly similar to that of a product with a registered trade mark or trade name.
- Unregistered "trade dress" / "get-up" / designation: these terms designate the copy products which have a form and visual appearance, or bear a designation which are recognized by the public as distinctive and hinting to a specific producer. The public may therefore be led to the erroneous belief that the copy products come from the same source as the original products.
- Patent, utility model, design right: here one or more parts of the original product are protected by valid patents and/or utility models and/or design rights (in the U.S. called design patents), and these protected parts show up in the copy product.
- Copyright: the copy product is a text (brochure, book, pamphlet, manual etc.) or picture or film or sound or computer software or technical document and drawing2, which is basically identical with the original product.