C9: Intellectual Property Flashcards
What are the various categories of intellectual property?
Copyright, trademarks, patents, registered designs, confidential infos
IMPT
Trade Marks
-
What is a trade mark?
A trade mark is any sign or symbol which can be represented graphically and distinguishes the goods and services of one person to others.
IMPT
Trade Marks
-
What do trade marks contain?
- The name of a company, individual or firm represented in a special or particular manner.
- A person’s signature; usually distinctive enough to be a trademark
- An invented word
- Any other distinctive mark
IMPT
Trade Marks
-
Registration of trade mark how long?
TM registration last 10 years and renewable every 10 years.
IMPT
Trade Marks
-
What is trade mark infringement?
Once a trade mark is registered, it can only be used by the registered proprietor or with their consent in relation to goods or services specified in the registration. Other people using very similar tm commits and infringement may be liable to both civil and criminal law.
IMPT
Passing Off
-
how is it related to registration of tm?
If TM is refused registration, the trader may still rely on the law of passing off to protect the goodwill of their business.
IMPT
Passing Off
-
What is passing off?
Passing off occurs when one trader (defendant) represents that their goods are those of the plaintiff, by fooling the public into believing their goods are provided or connected with the plaintiff.
(e.g. buying shoes by ‘nike factory’ but not legit nike on online stores)
IMPT
Passing Off
-
what to prove in order to succeed in an action for passing off?
a) He has business goodwill
b) the defendant committed acts of misrep, leading to pre-trading and deception
c) Must be reasonably foreseeable that there is injury/damage or the misrep will cause injury to the biz or goodwill of another trader.
