Intellectual Property Rights Flashcards
(37 cards)
What is intellectual property law?
The rights that protect creative endeavor and innovation, also protect the application of ideas and information that are of commercial value.
Why are property rights intangible?
They protect something that cannot be physically touched such as innovation.
What are the three key things IP rights protect?
1) Expression.
2) Industrial property.
3) Commercial reputation.
What did the Intellectual Property Act 2014 do?
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.
What are the four key IP acts?
1) Registered Designs Act 1949.
2) Patents Act 1977.
3) Copyright, Designs and Patents Act 1988.
4) Trade Marks Act 1994.
What is passing off?
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.
What is goodwill?
The intangible property made of the markets’ perception of the quality/value of a business which influences their reputation.
What is copyright?
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.
What four things must be present for work to be entitled to copyrights?
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.
What is the idea-expression principle?
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.
Who are the four types of copyright owners?
1) Authors
2) Joint Authors.
3) Employees.
4) Unknown authors.
What six things does copyright allow owners to do?
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.
What are the two types of infringement of copyright?
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.
What are the three types of criminal offenses concerning copyright?
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.
What is fair dealing and what are the four forms?
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.
What are the six steps to analysing infringement?
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?
What are the four remedies of infringement?
1) Financial compensation.
2) Prevention of future breaches.
3) Deliver up or destroy all copies.
4) Account for any profit made during exploitation.
What are design rights?
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.
What are the three requirements of registered designs?
1) Design must be new.
2) Design must have individual character.
3) Design application must be examined.
What is a trade mark under the Trade Marks Act 1994?
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.
What are the six things that could be trade marked?
1) 3D shapes.
2) Colours.
3) Sensory signs.
4) Taste sings.
5) Action sings.
6) Holograms.
What are the two groups for refusing registration of a trade mark?
1) Absolute grounds - objections based on the mark itself.
2) Relative grounds - Objections based on conflict with third party rights.
In what seven situations can trade marks be difficult to register?
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.
What are collective trade marks?
Owned by an organisation and is used by its members to identify themselves.
