IP Flashcards
Forms of IP • Registration • Finding Solutions to IP issues
What is the purpose of IP
Prevent the use of your original
brand
Invention
product
Written/produced material
Automatically Protected under IP?
Copyright
Design right
Unregistered trademark(limited protection)
What requires registration?
Patents
Registered design
Registered trademark
Describe copyrigt
The owner is the creator unless created in employment
Design right
Applies to the shape and configuration of functional objects
How to prove design right?
With a bank
Sent in registered post
Lucasfilm v Ainsworth (2011)
What is the difference between a sculpture and a
functional object?
A dunction object falls under design rights, A sculpture is a piece of art and doesnt not as it serves no functional purpose.
What can be a trademark?
anything that isn’t 3-d commplce or offensive
No limit on renewal
Patents requires
An innovative step that is capable of industrial application
Designs
These refer to the physical properties eg shape colour of the design NOT the functionality
Unfair competition :List the 3
Malicious falsehood
Passing off
Breach of confidence
What are the 3 remedies for IP infringement
Injunction
Damages
Hand over profits
Malicious falsehood is
And what is required for it
Lying about a competitor for gain
Caused foreseeable damages to business
Was malicious
Caused damage
Passing off is ….
What is needed for guilt…..
Relying on reputation of something else to sell product without its permission
Misrepresentation clear
Is made to damage
Damage resulting from or imminent from
Breach of confidence
To find guilt it is needed….
Protects information that is shared in confidence(eg trade secret)
Person revelas secret
An obligation of confidence is expressed
Unauthorised use then causes Damages to claimant
