Intellectual Property Law Flashcards
Name the 4 relevant IP laws
- Information (confidential)
- Creative expression and design (copyright)
- Reputation (trademarks and passing off)
- Invention (patents)
What are the 3 requirements for legal protection of confidential information?
- Must possess the necessary quality of confidence
- Must have been imparted in circumstances imposing obligation of confidence
- An unauthorised use of that information
What is the purpose of a copyright?
Protect the expression of an idea. Protect the works of authorship (art, music, performance, literature). lasts for life plus 70 years
What are the requirements for copyright protection?
work is original ; work is recorded in material form ; ‘substantial part’ of work is reproduced without permission ; author is connected to a signatory state of berne convention
What is a trademark?
a mark of device usually attached to goods or services which indicates a connection between those goods or services and the trademark owner and to prevent traders trying to mislead the public
What are 3 necessary elements of passing off a claimant must show?
- Protectable reputation/ goodwill
- Misrepresentation
- Damage to goodwill
What is meant by protectable reputation?
the attractive force that brings customers to a business
What is misrepresentation under passing off?
if a defendant sells goods which the public is likely to believe are those of a claimant. Can take the form of stolen identity.
What is damage to goodwill under passing off?
claimant must show either:
-loss of sales
-loss of quality control
-devaluation of trademark
-dilution
What is a patent?
An exclusive right granted for an invention, which is a product or process that provides a new way of doing something, or solution to a problem
What protection is afforded by patents?
20 years protection, before filed- law of confidential information. Use patent pending while waiting. Once published, can sue for damages.
What cannot be patented?
- not an invention - discovery, theory, literary, dramatic, method.
- something contrary to public policy - medical methods, biological material.
What can be patented?
- the invention is new (novelty)
- it involves an inventive step (inventiveness)
- it is capable of industrial application
For a patent to be granted, what must the application disclose?
enough information that the invention can be worked by a skilled person
What is defined in the claims section of a patent application?
the extent of protection that is granted
