Intellectual Property Rights

Question 1

What is intellectual property law?

Answer 1

The rights that protect creative endeavor and innovation, also protect the application of ideas and information that are of commercial value.

Question 2

Why are property rights intangible?

Answer 2

They protect something that cannot be physically touched such as innovation.

Question 3

What are the three key things IP rights protect?

Answer 3

1) Expression.
2) Industrial property.
3) Commercial reputation.

Question 4

What did the Intellectual Property Act 2014 do?

Answer 4

Modernised copyright law which could not keep up with technological advancements in IP. Intentionally copying a registered design was changed from a civil to a criminal offence.

Question 5

What are the four key IP acts?

Answer 5

1) Registered Designs Act 1949.
2) Patents Act 1977.
3) Copyright, Designs and Patents Act 1988.
4) Trade Marks Act 1994.

Question 6

What is passing off?

Answer 6

Prevents third parties from making misrepresentations that damage the goodwill of another, claimant must show that they have goodwill, that there has been a damage, and that this has caused/is likely to cause damage.

Question 7

What is goodwill?

Answer 7

The intangible property made of the markets’ perception of the quality/value of a business which influences their reputation.

Question 8

What is copyright?

Answer 8

An automatic right that gives the creator of an original work the exclusive rights to copy, distribute, adapt, display, and perform their creation (for a limited time). Protects things such as books, music, and films. Lasts for 70 years after owners death or 50 years if it is a company.

Question 9

What four things must be present for work to be entitled to copyrights?

Answer 9

1) Anything protected under the CPDA 1988.
2) Produced in some tangible form.
3) Satisfies the requirement for originality.
4) Creator is a British Citizen/work was first published in the UK.

Question 10

What is the idea-expression principle?

Answer 10

Copyright doesn’t protect ideas, information, or facts but it can protect their expression. When an idea can only be expressed in one way it is not protected to prevent monopoly.

Question 11

Who are the four types of copyright owners?

Answer 11

1) Authors
2) Joint Authors.
3) Employees.
4) Unknown authors.

Question 12

What six things does copyright allow owners to do?

Answer 12

1) Copy the work.
2) Distribute copies to the public.
3) Perform/play the work in public.
4) Broadcast the work on TV.
5) Make an adaptation of the work.
6) Have a right to a percentage of the selling price.

Question 13

What are the two types of infringement of copyright?

Answer 13

1) Primary infringement - direct copying of the work.
2) Secondary infringement - includes appropriating elements of the work, encouraging others to copy, selling infringing copies, and facilitating copying.

Question 14

What are the three types of criminal offenses concerning copyright?

Answer 14

1) Offering article for sale/hire.
2) Importing the article into the UK for a purpose other than domestic use.
3) Possessing the article with an intention to committing an act infringing copyright.

Question 15

What is fair dealing and what are the four forms?

Answer 15

Allows the copying or use of work that would otherwise be infringement, there are exemptions for libraries, archives, Parliament, and Court.
1) Non-commercial research and private study.
2) Quotations, criticisms, or reviews.
3) Reporting current events.
4) Parody and caricature.

Question 16

What are the six steps to analysing infringement?

Answer 16

1) Is the material of a kind that attracts copyright?
2) If so, for what duration?
3) Who is the owner?
4) What rights does the owner have?
5) Have those rights been infringed?
6) Is the alleged infringer able to rely on statutory defences?

Question 17

What are the four remedies of infringement?

Answer 17

1) Financial compensation.
2) Prevention of future breaches.
3) Deliver up or destroy all copies.
4) Account for any profit made during exploitation.

Question 18

What are design rights?

Answer 18

Protects the appearance or shape of a product, the design must be fixed and must be original, automatic right for 15 years. Can be registered for 25 years with renewal every 5 years.

Question 19

What are the three requirements of registered designs?

Answer 19

1) Design must be new.
2) Design must have individual character.
3) Design application must be examined.

Question 20

What is a trade mark under the Trade Marks Act 1994?

Answer 20

Protects the owner of any sign that is capable of being represented graphically and distinguishes goods/services from those of another. Can be words, designs, shapes, and packaging. Can last forever.

Question 21

What are the six things that could be trade marked?

Answer 21

1) 3D shapes.
2) Colours.
3) Sensory signs.
4) Taste sings.
5) Action sings.
6) Holograms.

Question 22

What are the two groups for refusing registration of a trade mark?

Answer 22

1) Absolute grounds - objections based on the mark itself.
2) Relative grounds - Objections based on conflict with third party rights.

Question 23

In what seven situations can trade marks be difficult to register?

Answer 23

1) Those that describe the good/service.
2) Those incapable of indicating originality.
3) Those that have become customary in the industry.
4) Those including a specially protected emblem.
5) Those that are offensive to the public.
6) Those that are 3D shapes typical of the good.

Question 24

What are collective trade marks?

Answer 24

Owned by an organisation and is used by its members to identify themselves.

Question 25

Why can a trade mark be lost?

Answer 25

Due to non-use or if the mark has since become generic.

Question 26

In what three situations is passing off of a trade mark granted?

Answer 26

1) Where third party markets goods under the claimants’ trade name
2) Where third party illegally uses the claimants’ trade mark.
3) Where third party imitated the appearance of claimants’ goods.

Question 27

What three things must the claimant prove to successfully claim passing off?

Answer 27

1) They have goodwill.
2) The public was deceived into thinking the defendants’ products were actually the claimants.
3) They have suffered an actual/anticipated loss as a result.

Question 28

What is a patent?

Answer 28

Protects a new invention that has industrial application such as how a product works or what it is made of, lasts 20 years. The invention must remain confidential before you apply otherwise you lose the right to the patent.

Question 29

What four things should be satisfied to get a patent?

Answer 29

1) Be original.
2) Involve an inventive step.
3) Be capable of industrial application.
4) Not be excluded by law from being patented.

Question 30

What is the seven step procedure of registering for a patent?

Answer 30

1) Complete patent form.
2) Filing of patent application.
3) Preliminary examination.
4) Publication in the Official Journal of the Intellectual Property Office, third parties can object/claim.
5) Substaintial examination.
6) If granted Patent Certificate is issued.
7) Monopoly lasting 20 years.

Question 31

What are the two advantages of patents?

Answer 31

1) Prevents unauthorised third parties from using the invention.
2) Is a form of property and generates royalties and income.

Question 32

What are the three disadvantages of patents?

Answer 32

1) Secrets must be disclosed.
2) Inventor must publicise invention details.
3) Only enforced in UK.

Question 33

What is confidential information?

Answer 33

Protects qualifying confidential information forever. Include trade secrets, recipes for medicine, politically significant information, and personal relationships.

Question 34

What did Coco v AN Clark ltd 1968 establish regarding confidential information?

Answer 34

Three elements are required for a successful claim for breach of confidence:
1) Information must have been necessary element of confidentiality.
2) Information was communicated under a circumstance where confidentiality was obligated.
3) Information was used in an unauthorised way to the detriment of the party communicating it.

Question 35

What are the two advantages of confidential information?

Answer 35

1) Security and longevity of protection.
2) No registration or disclosure required.

Question 36

What are the two disadvantages of confidential information?

Answer 36

1) Difficult and expensive to keep secrets.
2) Once a secret is revealed a patent cannot be claimed.

Question 37

What is the impact of Brexit on UK IP rights?

Answer 37

Trade marks, Patents, and Copyright remain unchanged. Designs that were registered with the EU must reapply for protection in the UK.