Intellectual Property Law Flashcards
Definition of Intellectual Property
Intellectual property is a collective term used to describe what might be termed ‘products of the mind’.
Define a Patent
A patent is the right to exclusive use of an invention.
This allows the inventor to profit from the invention without others copying it.
What is the key test of a patent?
The key test is that the patent has to be ‘capable of industrial application’
What is the governing legislation on patents?
Patents Act 1977
Under what 4 conditions will a patent be granted?
Patents Act 1977 Section 1 provides that a patent may be granted if:
a) The invention to be patented is new;
b) There is an inventive step involved;
c) It is capable of industrial application; and
d) The granting of the patent has not been excluded by S. 1(2),(3) or (4)
What five exclusions are there to granting a patent?
Patents Act 1977 Section 1 (2) excludes the following:
a) Scientific and mathematical discoveries
b) Works of an artistic, literary, dramatic or musical nature
c) Ways of performing a mental act, playing a game or doing business
d) Certain computer programmes
e) The presentation of information
Give the UK Patent Office definition of a Trade Mark
The UK Patent Office defines a trademark as ‘any sign which can distinguish the goods and services of one trader from those of another’.
What is the governing legislation on Trademarks?
Trade Marks Act 1994
What 3 conditions exist in TMA 1994 to allow for registration?
The Trade Marks Act 1994 S.1 provides that, to be registerable, a trademark must be:
a) Distinctive to the good or services;
b) Not deceptive, or contrary to law or morality; and
c) Not similar or identical to any earlier marks for the same goods or services
What 6 things can be registered as a trademark?
1) Trading names where they are used in connection with goods and services
2) Stylised names, such as signatures
3) Newly invented words
4) Geographical names
5) Distinctive packaging
6) Sounds, smell and colours
Give the UK Patent Office definiton of ‘Passing Off’
The UK Patent Office defines passing off as ‘the use of an unregistered mark such that the third party using the mark passes off, or represents, the goods or services as their own’.
What must be demonstrated in a claim of Passing Off?
There is no requirement to demonstrate intention, only that the use of the trademark caused confusion in the mind of the public.
Define ‘Copyright’
Copyright involves the exclusive right to use one’s own work and it protects every original artistic work which has been previously unpublished.
Copyright material cannot generally be used without the owner’s permission.
Name the governing statute on Copyright
Copyright, Designs and Patents Act 1988
As amended by the Copyright and Related Rights Regulations 2003.
How long does copyright last for?
Copyright lasts now for 70 years following a campaign by Sir Cliff Richard in 2011.
