tort : intellectual property & occupiers liability Flashcards
what is copyright?
protects the way an idea is expressed. can be expressed in the forms of
- literary
- dramatic
- musical
- artistic
which act holds up a copyright?
copyright, designs & patents act 1988
how long does a copyright last?
it starts once the work is recorded in some way. it ends at the end of the lifetime of the creator + 70years.
who gets the protection of a copyright?
- original creator
- person who commissioned the work
- employer
- anyone who has paid for a licence (royalties)
what is a patent?
protects the IP of a product that is :
- new product (must be unknown eg. cant broadcast in press conference)
- inventive step
- capable of industrial application (eg. aero, tetley drawstring teabag)
how long does a patent last?
it starts on the initial filing date. it ends after 4years and can renew annually, up to 20yrs.
who gets the protection of a patent?
- owner (inventor or employer)
- anyone who has paid for licence to use patent
what are trademarks?
protects trade symbols that can be clearly represented and are distinctive
what can you not trademark?
- illegal
- immoral
- shape only due to nature of product
- conflicts with earlier trademarks
- purely descriptive only
what is an occupier?
persons who are in possession and in control of a premises
what is a visitor?
they have an express invitation or implied permission (delivery drivers) to be there by the occupier. may also be authorised by law to be there (bailiffs, police, fire)
what is a duty of care in relation to occupiers liability?
occupier must take such care as is reasonable in the circumstances to ensure the visitor is reasonably safe while he is doing what he came for (no extra or side activities)
what are the three types of reputational damage?
- defamation
- malicious falsehood
- passing off
