IP Law Flashcards
What are the 4 types of Intelectual Property?
Information (trace secrecy)
Invention
Creative Design and Expression
Reputation
What are typical remedies for IP law infringement?
- Search Orders (Anton Pillar)
- Damages
- Injunctions
- Destruction of infringing items
- Account of profits.
What 3 elements of ‘confidential information’ are required to be eligible for legal protection?
- Info must possess the necessary quality of confidence. (not vague and not in public domain)
- Info must be imparted in circumstance imposing obligation of confidentialtity. (Eg. Employee, term in contract)
- There has been an unauthorised use of that information.
State the typical defenses for breach of confidentiality.
- claimant gave consent
- info already available publically
- It’s in the public interest for info to be disclosed.
State the typical remedies for breach of confidentiality.
Interlocutory injuction (stops defendant using info)
Final Injuction
Damages
What is copyright?
Legal protection of works of creativity, where a right is given to the creator for life + 70 years.
What are the requirements for copyright?
Work is original
Work is recorded in a material form
A ‘substantial part’ of work is reproduced without permission
Author or work is connected to a signatory state of Berne Convention
Whats the difference between primary and secondary copyright infringment?
Primary is making copies
Secondary is processing or selling copies
What are the typical defenses for copyright breach?
Deny claimant is the owner
Deny work is entitled to copyright protection
Deny infringing conduct has occured
‘Fair Dealing’ allows use in certain circumstances.
What happens to authors rights after they sell/license the copyright?
Author still has moral rights and so still has some level of protection
What are trade marks?
a mark that indicates a connection between goods and a trademark owner.
How does one get a trademark?
One must register. Once registered they last for 10 years and can be renewed. They can be revoked if not used for 5 years.
What conditions must be considered for registration?
- subject matter is cabale of registration (must be a sign)
- If there are any objections under ‘absolute grounds for refusal’
- If any prior rights exists, under ‘relative grounds for refusal’
What does owning a trademark allow to the owner to do?
Alledge that other people have infringed upon their mark providings its unofficial use meets conditions (se lecture)
What are the typical defenses for trademark?
- consent was given
- conflicting mark on register
- mark no longer distinctive
- fair use
What is Passing Off?
‘Passing off’ someone elses work as your own. It comes under a tort and is used when trademarks are unregistered. It has 3 elements.
What are the 3 elements of passing off?
- Protectable reputation (uk based reputation)
- Misrepresentation
- Damage to reputation
What is a patent?
An exclusive right granted for an invention that provides a new way of doing something or offers a solution to a problem.
When can a patent be opposed?
During the application process and as a defense of an allegation of infringement.
Who can apply for a patent?
Inventor
Contracting party with inventor (investor/research body)
Employer if invention is created during employment.
How does the court judge a patent?
In the eyes of ‘a person skilled in the art’
What does ‘a person skilled in the art’ mean?
a normally skilled but unimaginative worker in the subject area. Half way between idiot and genius.
What are the two sections of patent application?
1) Specification (details of what the invention is/how it works)
2) Claims (defines where protection is wanted)
What is the UK’s ‘first to file’ system?
Whoever files their patent first gets priority.
What three aspects must an invention have to be patented?
Must be new
Must involve an innovative step (not obvious to ‘a person skilled in the art’)
Must be capable of industrial application
What is the granting process for a patent?
Patent Office runs search and reads technical info
Application is made public for those wishing to oppose.
Applciation can then be ammended/denied or accepted.
For patent infringment what must the claimant show?
Infringement in the UK
That conduct falls withing the ‘Claims’ of patent (scope of protection)
What are the two types of patent infringement?
Direct - for products and processes
Indirect - for assisting the infringer to put into effect invention
What are the typical defenses for patent infringmement?
- Private use
- consent given
- patent not in force
What is Exhaustion of Rights in the context of patents?
Once product is placed into market with patent holders permission they cannont control the sale of goods.
What are the typical remedies for patent infringement?
Search Order (Anton Pillar)
Injunction
Damages
Destruction
