Module 9 Intellectual Property and the Law Flashcards
IP Categorises
- Copyright
- Desings
- Trademarks
- Patents
Automatic protection
- Copyright
- Unregistered design rights
Application required for protection
- Trademarks
- Registered designs
- Patents
How long does copyright protection for literary, musical and artistic work (inlcudes books, images, photos)?
70 years after authors death
How long does copyright protection for sound and music recordings last?
70 years form when it was first published
How long does copyright protection for films?
70 years after death of director, screenplay author and composer
How long does copyright protection for Broadcasts last?
50 years from when it was first broadcast
How long does copyright protection for layout of published editons of written, dramtic or musical works last?
25 years from when it was first published
Is there a databsae of copyright protected work?
No
Is the copyright protection symbol necessary?
No
Can copyright protected work be used without permission?
- Yes when deemed as ‘fair dealing’
- Usually for non-commerical teaching use
What is an open source licence in regards to copyright?
- Owner may wish to remain the owner
- But not want to benifit commercially
Unregistered design right protects what and how long does it last?
- 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
How long does a tradeamark last?
- 10 years after being registered
- Renew 6 months before or after expiry
Trademarks must be distinctive and there are strict rules what are they?
- Cannot be offensive
- Cannot be missldeading
- Cannot be something so general
Can using a name without registaration be protected?
Yes but one needs to have used a name or mark so that goodwill and reputation has been generated.
Registered design rights protect what and how long does it last?
- Includes 2D shapes and includes colour, lines, texture etc
- 25 years, application renewed every 5 years.
What are patents and how long do they last?
- 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
What could cause a patent to be void and what could be used to help?
- 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
Methods to resolve IP disputes
- Cease and desist
- Agree to license or credit
- Agree to coexist
- Use a mediator
- Legal action (expected to have explored other avenues above first)
