intellectual property principles

Question 1

what is copyright?

Answer 1

• it is something that protects original artistic, musical, literary and dramatic works that have been recorded in some form
• can also protect computer software in certain circumstances
• doesn’t need to be registered
• in the UK it automatically arises upon the creation of the relevant materials and generally lasts throughout the creator’s lifetime, plus 70 years after their death

Question 2

what are patents?

Answer 2

• these are something that protect inventions
• can be integral for protecting technology used to create market- leading consumer goods
• examples- Dyson vacuum cleaner, Apple iPhones, they can hold exclusive rights over the patented matter for 20 years

Question 3

what are trademarks?

Answer 3

• they protect words, signs and symbols that are capable of graphic representation
• held to distinguish between businesses
• e.g. mccdonalds, Coca Cola, nike tick
• trademarks, unlike other intellectual property protection, can offer perpetual protection if renewed every 10 years and is used

Question 4

what is considered as ‘passing off’ in relation to trademarks?

Answer 4

this is where a trademark hasn’t been directly infringed, however the overall impression of the brand or product could confuse customers into associating that brand/product with another business
this can still result in liability arising

Question 5

what are geographical indicators? (GI)

Answer 5

• these are names or signs that identify goods as originating in specific geographical locations, where a given quality, reputation, production method or other characteristic is attributable to that origin
• goods can be labelled ‘Darjeeling Tea’ if produced in the Indian city, or ‘Champagne’ if produced in France