Module 9 Intellectual Property and the Law

Question 1

IP Categorises

Answer 1

• Copyright
• Desings
• Trademarks
• Patents

Question 2

Automatic protection

Answer 2

• Copyright
• Unregistered design rights

Question 3

Application required for protection

Answer 3

• Trademarks
• Registered designs
• Patents

Question 4

How long does copyright protection for literary, musical and artistic work (inlcudes books, images, photos)?

Answer 4

70 years after authors death

Question 5

How long does copyright protection for sound and music recordings last?

Answer 5

70 years form when it was first published

Question 6

How long does copyright protection for films?

Answer 6

70 years after death of director, screenplay author and composer

Question 7

How long does copyright protection for Broadcasts last?

Answer 7

50 years from when it was first broadcast

Question 8

How long does copyright protection for layout of published editons of written, dramtic or musical works last?

Answer 8

25 years from when it was first published

Question 9

Is there a databsae of copyright protected work?

Answer 9

No

Question 10

Is the copyright protection symbol necessary?

Answer 10

No

Question 11

Can copyright protected work be used without permission?

Answer 11

• Yes when deemed as ‘fair dealing’
• Usually for non-commerical teaching use

Question 12

What is an open source licence in regards to copyright?

Answer 12

• Owner may wish to remain the owner
• But not want to benifit commercially

Question 13

Unregistered design right protects what and how long does it last?

Answer 13

• Original design
• 3D shapes only
• Apperance does not include colour, material, texture etc
• 10 years after first sold or 15 years after it was created which ever is earlier

Question 14

How long does a tradeamark last?

Answer 14

• 10 years after being registered
• Renew 6 months before or after expiry

Question 15

Trademarks must be distinctive and there are strict rules what are they?

Answer 15

• Cannot be offensive
• Cannot be missldeading
• Cannot be something so general

Question 16

Can using a name without registaration be protected?

Answer 16

Yes but one needs to have used a name or mark so that goodwill and reputation has been generated.

Question 17

Registered design rights protect what and how long does it last?

Answer 17

• Includes 2D shapes and includes colour, lines, texture etc
• 25 years, application renewed every 5 years.

Question 18

What are patents and how long do they last?

Answer 18

• Protects inventions and innovations such as drugs and production methods
• Can cost £4000 or more
• Last 20 years from initial filing anual renewal fees
• Application will be made public 18 months after filing

Question 19

What could cause a patent to be void and what could be used to help?

Answer 19

• Non-confidential discussions before application means it is in the public domain
• People should sign an NDA’s
• A trade secret might be a better option

Question 20

Methods to resolve IP disputes

Answer 20

• Cease and desist
• Agree to license or credit
• Agree to coexist
• Use a mediator
• Legal action (expected to have explored other avenues above first)