Intellectual Property Law

Question 1

What is Intellectual Property (IP)?

Answer 1

Intellectual property includes works of literature, art, inventions, designs, names, symbols, and pictures that are utilised for commercial purposes.

Question 2

What are the main categories of Intellectual Property in the UK?

Answer 2

Trade secrets, copyright, patents, trademarks, and design rights are the primary categories.

Question 3

How long does a patent last?

Answer 3

A patent lasts 5 years. If you want it to stay in force after that, you must renew it every year, up to a maximum of 20 years.

Question 4

What is the purpose of trademarks in the UK?

Answer 4

When a trade mark is registered, you’ll be able to: take legal action against anyone who uses your brand without your permission, including counterfeiters.

Question 5

What is the duration of copyright protection in the UK?

Answer 5

Copyright protection in the UK generally lasts for the creator’s lifetime plus 70 years.

Question 6

What is the role of the Intellectual Property Office (IPO) in the UK?

Answer 6

The IPO is the UK government agency responsible for granting and overseeing intellectual property rights.

Question 7

Can you explain the “novelty” requirement for patent eligibility?

Answer 7

To be eligible for a patent, an invention must be new and not disclosed to the public before the filing date.

Question 8

What does “distinctiveness” mean in the context of trademarks?

Answer 8

Distinctiveness means that a trademark must be capable of distinguishing the goods or services of one business from those of others.

Question 9

What is ‘fair dealing’ in copy right law?

Answer 9

Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case.

Question 10

How does design right differ from registered design?

Answer 10

Unregistered design right You have to prove that you hold the design and that deliberate copying has taken place in infringement actions. Registered design You don’t have to prove deliberate copying in infringement actions.

Question 11

What is the significance of the Berne Convention in the context of copyright?

Answer 11

The Berne Convention for the Protection of Literary and Artistic Works was concluded on September 9, 1886. It is the oldest of the international copyright treaties; it provides a high level of protection and gives authors the most comprehensive set of rights it is possible to give them.

Question 12

How is infringement of intellectual property rights enforced in the UK?

Answer 12

Infringement can be enforced through civil actions, including injunctions and damages, as well as criminal remedies.

Question 13

What is an example of a ‘trade secret?’

Answer 13

Formulas, manufacturing processes, business plans, and customer lists are examples of trade secrets.

Question 14

What is the purpose of the European Patent Office (EPO) in the UK?

Answer 14

The European Patent Office (EPO) examines European patent applications, enabling inventors, researchers and companies from around the world to obtain protection for their inventions in up to 44 countries through a centralised and uniform procedure that requires just one application.

Question 15

How does the exhaustion of rights principle apply in copyright law?

Answer 15

The principle of ‘exhaustion’ is an international legal doctrine which provides that a copyright owner’s right to control copies of his or her work “exhausts” on its first sale by the copyright owner, or the first sale with their consent.

Question 16

What are the criteria for copyright protection to be automatic in the UK?

Answer 16

You automatically get copyright protection when you create: original literary, dramatic, musical and artistic work, including illustration and photography. original non-literary written work, such as software, web content and databases. sound and music recordings.

Question 17

Can descriptive terms be registered as trademarks in the UK?

Answer 17

Marks that cannot be registered include descriptive words or phrases, geographical names, surnames, deceptive or scandalous marks, marks that are too similar to existing marks, generic terms, and religious symbols.

Question 18

How does the UK address online copyright infringement?

Answer 18

If the infringing website is hosted in the UK, you are able to report the copyright infringement to the hosting provider. Many UK hosting providers have procedures for handling copyright complaints. This may result in the infringing content being taken down.

Question 19

How is “inventive step” determined in the context of patent eligibility?

Answer 19

Inventive step is usually evaluated on the basis of the “problem/solution” approach, in other words whether the solution presented to the problem in the patent application is obvious or not to the person skilled in the art. This always depends on the specific circumstances of the case.

Question 20

Can copyright be transferred in the UK?

Answer 20

Yes, copyright can be transferred through licensing, assignment, or other legal means.

Question 21

What are the rights of the copyright owner in the UK?

Answer 21

Copyright owners have the exclusive right to reproduce, distribute, perform, and display their work, as well as the right to create derivative works.

Question 22

How does the “doctrine of equivalents” apply in patent law in the UK?

Answer 22

What the “doctrine of equivalents” says is that if even if a product clearly does not have a feature recited in the claim when properly interpreted, it might still infringe.