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These are really complicated issues. Direct copies with headstocks, logos, etc. is of course a no-go. But it becomes really difficult when you start making modifications, like ESP does to some of Jackson's designs, and what Jackson did to Gibson's and Fender's designs. After all, is the King V not a derivative of the Flying V and the Soloist and Dinky of the Stratocaster? And remember that copyright also covers derivative work (in most places).
There are of course several ways to protect your work. For guitars, I would say trademarks or copyright is the proper way. It is difficult to argue that a guitar shape is a solution to a technical problem, so that rules out patents (in most countries).
Also, to measure the legality of something by applying what is really an arbitrary standard does not really answer anything. Why are American copyright and patent laws universal as compared to Chinese or European ones? As somebody pointed out, the Chinese are really bad at this and there are hundreds of examples of factories in China producing some product for European or American companies by day and a copy for the Chinese market by night. But the Chinese will eventually be at a point where they will want to protect their inventions from the rest of the world copying them, and then they'll have to obey the international rules. Speaking of that, Poland is part of the EU now, so they have to obey the rules too. Gibson, Fender and whoever can file a lawsuit there, if they want.
And, for the record, I do make my living off intellectual property.
EDIT: I just recalled that you can also use 'registered designs' to protect your work. I don't know how universal this concept is, though.
There are of course several ways to protect your work. For guitars, I would say trademarks or copyright is the proper way. It is difficult to argue that a guitar shape is a solution to a technical problem, so that rules out patents (in most countries).
Also, to measure the legality of something by applying what is really an arbitrary standard does not really answer anything. Why are American copyright and patent laws universal as compared to Chinese or European ones? As somebody pointed out, the Chinese are really bad at this and there are hundreds of examples of factories in China producing some product for European or American companies by day and a copy for the Chinese market by night. But the Chinese will eventually be at a point where they will want to protect their inventions from the rest of the world copying them, and then they'll have to obey the international rules. Speaking of that, Poland is part of the EU now, so they have to obey the rules too. Gibson, Fender and whoever can file a lawsuit there, if they want.
And, for the record, I do make my living off intellectual property.
EDIT: I just recalled that you can also use 'registered designs' to protect your work. I don't know how universal this concept is, though.
. I am no lawyer and i don't i have any correct thoughts on this. If i was ever in poland, lawsuit or not, i would go play one and see what the buzz is about. As a consumer, i look for quality gear for as cheap as i can. That is not to say i will buy a 1000$ japanese soloist instead of getting a USA for 600-800 more. I know where the quality lies and the Japanese are very good, but ,investment out of the picture (since buying guitars, cars or anything is never a real good investment unless you restore), the USA has a greater resale value, if i ever become unsatisfied or a need of change. I think RAN has supplied good metal guitar players with some solid equipment and i commend them for it. Metal might be a dying trend here at times, but it is alive and well in northern Europe!
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