Intellectual Property Law Flashcards
What is the purpose of intellectual Property Law?
- Legal rights to protect intangible property such as innovation, creative effort, commercial reputation and goodwill.
- Law deters other from copying or taking unfair advantage of the work or reputation of another and provides remedies should this happen.
The main protection given by Intellectual Property rights are ‘patents’. A patent is reserved for inventions that satisfy certain standards. The first of these is that it is an ‘invention’. Set out the other four criteria or ‘golden rules’ that must be met before a patent is granted.
- The invention is new (novelty)
- It involved an inventive step
- It is capable of industrial application
- It is not on the excluded list
Defining what an ‘invention’ is can be difficult. List two things, as set out in the Patents Act 1977, that are not inventions ‘as such’.
Discoveries, scientific theories and mathematical methods
Design Rights can be protected by registering a product’s design. What aspect of a product do Design Rights protect?
The shape and configuration of a product only.
An example of an Intellectual Property protection is ‘copyright’. What type of items are protected by Copyright?
Original works of arts and literature, music, film, sound, recording, broadcast, computer programs
Josh has just invented a new kitchen device which he believes every home should have. He has an appointment with a large manufacturer and only has a very basic prototype to take with him. He hasn’t done a lot of market research on his potential product. What advice would you give him?
Do research. See if the invention has been done before.
Be aware of corporations. The manufacturer knows the law while Josh may not. Also, it could be a good idea to have a confidentiality agreement, otherwise Josh may be in danger of losing the rights to his idea.
Josh should definitely do market research on strangers to see if his device would sell.
Patent! Josh should be the first to file a patent to get the right to that invention.
Patent lawyer - could be helpful to him
The Lego group first patented their famous toy bricks in the 1950s.
(a) Why are Lego bricks no longer covered by patents?
(b) What Intellectual Property protections do Lego now rely on to protect their variety of products? Explain your answer.
(a) With various improvements, patents began to run out in 1980s/1990s. Moved from patents to trademarks (for minifigures and themes etc… but not bricks due to their technical function).
Registered design failed due to functionality of bricks.
(b) Copyright protection for building instructions, illustrations, photographs, marketing material, movies, magazines etc.
Due to the functionality of the bricks, they could no longer be protected with patents, trademarks, or registered design.
Globally, there have been many Court cases between Apple Inc. and Samsung regarding their smartphones and tablets.
(a) In the UK, what did Apple accuse Samsung of?
(b) What was the outcome for Samsung in the Court of Appeal in the UK?
(a) Apple accused Samsung of having similar designs between the iPhone, iPad and the Galaxy range of phones and tablets.
(b) It was positive. Apple lost it’s appeal/case in the UK.
