Lecture 9 - Intellectual Property Flashcards
What are the three main types of IP protection?
Trademark
Copyright
Patent
What is a trademark?
A registered trademark (R) lasts for 10 years but can be constantly renewed. Unregistered trademarks (TM) can be covered by passing off.
Trademarks must be capable of being written or drawn, and also must be distinctive and not descriptive of a product.
How is a trademark enforced?
A trademark can only be enforced in the country that it is registered in. However, when enforcing it, it opens the owner up to accusations that he is either not using the trademark, or the trademark shouldn’t have been granted in the first place.
Courts usually grant injunctions, and in other cases damages for loss suffered as well.
What is copyright?
Copyright arises automatically for creative, intellectual or artistic output.
Once established, it will last for the life of the owner, plus 70 years.
How is copyright enforced?
Copyright must have been COPIED - two people producing the same thing doesn’t necessarily mean copyright infringement.
Usual remedies apply - injunction to stop infringer using copyright, and damages for either the loss suffered OR the profits made by the infringer.
What is a patent?
Protection for 20 years over an invention or innovation. It must have commercial or business use to be patented.
Must also be a new way of doing something, and cannot already be in the public disclosure.
How is a patent enforced?
Similar to trademarks - injunction, plus damages for compensation.
Licensing of IP rights
Owners of IP rights may grant a license to use their IP to a third party, for a cash payment or for royalties.
What is confidential information, and can it be misused?
It protects a person’s right to keep sensitive information to their own benefit.
1 Is the information intended to be a secret?
2 Was the information given in confidence, or a social setting?
3 Was use of the information authorised?
What is passing off?
One person is not allowed to ‘pass off’ their product as those of another. (Faxe Rolex etc)
1 There must be sufficient goodwill in the name/product/logo etc
2 There must be a representation leading to confusion (ie the passing off)
3 There must be proof of some financial or future damage.
