Design law for the technical versus affective designs

Abstract This paper explores the interplay between intellectual property and gender in modern design law and practice, with a focus on the New Zealand Designs Act 1953 and references to Australian, United Kingdom and European Union law. It highlights how law and practice favour technical, utilitarian design principles (that coded masculine), but neglect the dynamic, sensory and affective (embodied and emotive) aspects of designs (that coded feminine). Through its focus on the technical, design law and practice ignore the socio-legal reality that the dynamic, sensory and affective are often central to a design’s success. The paper frames the foregoing in standpoint theory and affect. It challenges the focus on that which can be reduced to technical-based representation and the perception that this creates an objective master copy. The paper calls for a reassessment of what design law protects and how it protects it, to better align the system with the socio-legal realities of design creation and use.

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Publication Details

Journal
Legal Studies
Published
2026-03-04
DOI
https://doi.org/10.1017/lst.2026.10107
Primary Topic
Intellectual Property Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Design law for the technical versus affective designs

Jessica C. Lai, Sarah Barclay
Legal Studies
Intellectual Property Law
article

Design law for the technical versus affective designs

Jessica C. Lai, Sarah Barclay
article en

Abstract

Abstract This paper explores the interplay between intellectual property and gender in modern design law and practice, with a focus on the New Zealand Designs Act 1953 and references to Australian, United Kingdom and European Union law. It highlights how law and practice favour technical, utilitarian design principles (that coded masculine), but neglect the dynamic, sensory and affective (embodied and emotive) aspects of designs (that coded feminine). Through its focus on the technical, design law and practice ignore the socio-legal reality that the dynamic, sensory and affective are often central to a design’s success. The paper frames the foregoing in standpoint theory and affect. It challenges the focus on that which can be reduced to technical-based representation and the perception that this creates an objective master copy. The paper calls for a reassessment of what design law protects and how it protects it, to better align the system with the socio-legal realities of design creation and use.

Legal Studies
Crown Research Institutes (NZ), Victoria University of Wellington (NZ)
Gender equality
Openalex Percentile: Top 35%
Intellectual Property Law
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