Copyright And Company Names Tribunal Flashcards
What is copyright?
Copyright gives the owner of a work (e.g book, movie, picture, song, website) the right to say how other people can use it
Owners can sell or license their work
Work can only be copied if the owner gives permission (otherwise could sue for copyright infringement)
How long does copyright protection last for?
Copyright protection starts as soon as work is created - it is automatic
Once copyright is expired anyone can use or copy the work
Length of protection depends on type of work (e.g 70 years after creators death, 70 years from when first published, etc)
Perpetual protection for Peter Pan - Great Ormond Street
Who is the owner of copyright?
The owner is the original creator/author (unless created in Terms of employment)
What does copyright protect against?
Deliberate copying - copying does not have to be an exact copy, copying of substantial part is still infringement
Proof of when work was created will be necessary to enforce right
Can you license/assign copyright?
Yes possible to license if you own the copyright
Works can be registered with a licensing body/collective management Organisation - they agree licenses with users and collect royalties
Assignments must be in writing and signed
Copyright can be transferred by inheritance
What is something to be aware of in regards to copyright and ownership issues?
If company commissions a new logo from an artist unless there is a contract in place that assigns over the copyright in that logo to the company, then they do not own the copyright
Company could then have TM application challenged
Relationship between TM and copyright
Copyrights can be used to challenge TMs
Overlap with copyright and new types of marks e.g sound, motion marks
Relationship with designs and copyright
3D objects can qualify for copyright protection as an artistic work
This is in addition to design protection
What is the Berne Convention?
Most countries globally are members
Works created by British nationals are automatically protected by copyright in the other member countries
In most countries copyright lasts a minimum of life plus 50 years for most types of work (written, dramatic, artistic), at least 25 years for photographs
In which countries is it possible to register copyright?
Canada
China
Japan
South Korea
Advantages of registering copyright in some countries
Linking to TM’s, logos, packaging as these can be protected by copyright registration
- Owner of registered work is not obliged to show proof of ownership (just registration certificate etc)
- Can record at customs
- May be able to (more easily) use it to challenge a TM
- Quick and inexpensive
- For US companies, need to register copyright in own country to be able to sue in Federal Court
What is the Company Names Tribunal?
Deals with complaints about cases where a company name is registered for the primary purpose of preventing someone else with legitimate interest from registering it, or demanding payment from them to release it
Run by UKIPO
On what grounds can you challenge a company name under the Company Name Tribunal?
A person may object to a company’s registration on the grounds that
It is the same as a name associated with the applicant in which he has goodwill
That it is sufficiently similar to such a name that it’s use in the UK or elsewhere would be likely to mislead by suggesting a connection between the company and the applicant
How can a company defend itself against a Company Names Tribunal application?
- If they can show that the company name was registered BEFORE commencement of the activities on which the applicant claims goodwill
- That the name was registered in the ordinary course of a business formation business
- That the name was adopted in good faith
- That the interests of the applicant are not adversely affected to any significant degree
However if opposing party can prove that company’s intent was to extort money/stop party from having name then these above defense would not uphold
How to file at Company Names Tribunal?
Form CNA1
£400
Statement of grounds may be included
