The National Museum of Natural History is located on the north side of the National Mall. It is one of the 16 museums in the Smithsonian museum system. Since its opening in 1910, it has collected more than 120 million exhibits, ranging from primitive dinosaur fossils to early human origins. Cultural relics, rare animal specimens and precious mineral gems around the world have well preserved the heritage of natural science and human culture. 1. The symbol of the museum - The African Wild Elephant Museum collects and exhibits various and precious animal specimens. The layout is so careful that even the living environment of the animals is truly reproduced, trying to restore the lifelike natural biological chain. Among them, the African wild elephant specimen in the center of the hall on the first floor is very large. This specimen vividly restores its original appearance on the African grassland, and is regarded as the symbol of the National Museum of Natural History. There are also separate themed pavilions for mammals, birds, amphibians, reptiles, insects and marine life. 2. The treasure of the town hall - the blue diamond "Hope Star" is located in the mine and gemstone exhibition hall on the second floor. It is famous for the blue diamond "Hope Star", which flashed by in the movie "Titanic" But left an indelible impression on the world. Rough diamonds that once weighed more than 112 carats were cut into blue diamonds that now weigh 45 carats. Once this so-called "cursed diamond" has been around the world for nearly 300 years, now it brings more than 100 million visits to the museum every year.
Mon Impression : DC Saga 18
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Prior to a mission that Amidala was taking to Clabron, Skywalker insisted that he be allowed to assist Amidala, under the impression it was a diplomatic mission to Duro. After assurance from Amidala, Skywalker agreed to remain on Coruscant, kissing Amidala. He was startled when he realized Amidala's handmaiden, Moteé, had witnessed their display of affection, though Amidala assured Skywalker that Moteé understood discretion.[180]
When applied to digital designs, a design depicting a functional object, such as a car, may be protected by both design law and copyright, yet the scope of protection is determined through different standards. Both exclude designs that are solely dictated by their technical function.Footnote 49 In copyright, if the shapes are not solely dictated by their technical function, the designer still needs to be able express their creative abilities by making free and creative choices.Footnote 50 With design protection, on the other hand, the appearance of the design needs to create a different overall impression on an informed user and its appearance should not be solely dictated by efficiency considerations.Footnote 51
With digital designs, a great deal can be invested in designing an appealing appearance for a GUI, an icon, a character, an item, etc., which makes a digital design different and identifiable to a consumer, in order to give a different overall impression on the informed user. The design choices in the appearance of the design are not made for the sake of expressing personality, but for the sake of marketability, thus they may not be protectable by copyright as such. However, they are still worth protecting against copying, whether the design is in a tangible or intangible form.
A design needs to meet certain requirements of protection in order to be protected. Namely, it needs to be novel in the sense that no identical design has been made available to the publicFootnote 111 and the differences should not be in immaterial details.Footnote 112 A design also needs to have individual character in a form so that it produces a different overall impression on the informed user.Footnote 113 It is worthwhile to examine what novelty and individual character mean in the digital context.
In order to have individual character, a design needs to produce a different overall impression on the informed user.Footnote 130 This difference should be clear, and the nature of the product to which the design is applied as well as the industrial sector should be taken into consideration.Footnote 131 In the assessment, the degree of freedom of the designer should be taken into consideration,Footnote 132 whilst protection cannot be granted if the freedom has been very limited or if features are dictated by their function.Footnote 133 As the informed user and the freedom of the designer are the key factors of the individual character consideration, the paper examines these more closely in the context of digital designs.
There is also the question of what can be considered as normal use of a digital design because, for complex products, the perspective from which the design is used can determine its individual character.Footnote 157 For example, with a lawnmower design, the court has taken a rather restrictive view from which direction the design is seen during normal use.Footnote 158 Does the same apply if a lawnmower is depicted in a video game? On the other hand, it is commonly found that the normal use of digital design is looking at it on a computer, tablet or mobile phone screen.Footnote 159 Thus, if a design is even briefly visible on screen, it is considered as use of that design.Footnote 160 However, the way in which digital designs are used is changing due to the development of new technologies, such as virtual reality, augmented reality and holograms. These technologies transform the use of digital designs closer to the tangible world. With augmented reality glasses, for example, a digital design can be projected over a table and examined from different perspectives. These technologies blur the line between physical and virtual space, thus broadening what can be considered normal use and the overall impression of the digital design.
The final issue to consider is the scope of protection. Design law gives broad exclusivity to the holder of the RCD. In addition to the making, offering, putting on the market, importing and exporting, the exclusivity also covers the mere using of a design.Footnote 161 The protection includes any design that does not produce a different overall impression to an informed user, assessed in consideration of the degree of freedom of the designer in developing the design.Footnote 162 The scope of protection and, in the end, the test for design infringement mirror the test to determine the individual character.Footnote 163 The concepts and the questions asked are similar to the individual character consideration.Footnote 164 Although the design claim plays an important role in determining the scope of protection,Footnote 165 it is not affected by the product or the classifications to which the design is applied or incorporated.Footnote 166 Similarly, the design infringement is not confined to the same product to which the design was first applied or used.Footnote 167 Thus, a design for a lamp can be infringed if it is incorporated in a stool, provided that it produces a similar overall impression to an informed user. With the URCD, however, the exclusivity covers only protection against direct copying, but not if the copying is a result of an independent work of creation by a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.Footnote 168
The situation is somewhat more complicated with digital 3D designs. A strict interpretation would require the product to be an industrial or handicraft item and, thus, infringement could only happen through the use of a physical product.Footnote 197 This, however, is seen by many as overly restrictive due to the current technological change, which blurs the line between digital and physical use.Footnote 198 Due to the BigBen decision, it is hard to conclude that digital use would be explicitly excluded. The question is, if the use of a 2D picture of a 3D product can be considered as use, then why not a 3D picture of a 3D product?Footnote 199 Some scholars agree with this and see that reproducing and converting a design into a digital format should constitute an infringement.Footnote 200 They understand the standard of protection broadly, which means that already scanning or modelling implies making a copy of the design.Footnote 201 Also, as far as the act of creation of the design is considered, the law is neutral on the technical method, whether it is creating a drawing by hand or by using a computer program.Footnote 202 Thus, if creating a digital model can be considered an act of use, then also uploading that same file to an online repository would constitute a separate infringement of the design.Footnote 203 Others have presented an opposing view, arguing that the use of a physical design appearance on a monitor should not be seen as tantamount to an act of infringement.Footnote 204 This is for two reasons: first, as discussed above, it could be argued that there is no use of the product as there is only appearance without the product;Footnote 205 second, even if it is assumed that there is a product, the overall impression on the informed user is different, as few would confuse a physical product such as a screwdriver with a digital product.Footnote 206 This point is elaborated further below.
The court saw that during the normal use of a lawnmower, it is placed on the ground and the user stands behind it, thus principally seeing the upper side of the engine. This upper side determined the overall impression produced by the engine design. Case T-10/08 Kwang Yang Motor Co., Ltd v. OHIM, ECLI:EU:T:2011:446, para. 22.
At age 12, Goku was rather short and appeared even younger than he was, being considered less than 10 years old (people were surprised when learning his actual age). His somewhat simple-minded personality also gave people the impression that he was as young as he looked. During the next few years, Goku did not go through any physical changes, other than his muscles becoming more pronounced. By age 15, he began showing noticeable increases in height. By age 18, he had a considerable growth spurt, growing taller than some of his friends and developing a well-built physique. He is also considered very handsome, as noted by various women including Bulma and Heles. His physical changes made him almost indistinguishable from before and was only recognized by his signature naïve personality and "trademark" hairstyle. By age 25, Goku had another growth spurt, and became about similar in height to his taller human allies and much more muscular. 2ff7e9595c
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