Week 9 Intellectual Property Flashcards
Areas covered by IP law?
Trademarks, copyright, patents and design rights
Difference between copyright and the object in question?
Copyright is considered an intangible property, whereas the object in question is considered a tangible property
Purpose of IP?
Offer an incentive to innovate and a reward for doing so
Societal and private benefits
Getting a trademark means you have?
Indication of origin
Quality
Advertisement
Investment
Trademark is regulated by?
The Trademark Act
What can you trademark?
Shapes, sounds, smells et al.
Anything graphical which is distinguishable from competitors
Infringing a trademark means
Use it in trade without consent
Affects the functions of the trademark holder
Trademark protection is against
Free-riding (Unfair advantage)
Blurring (Detriment to distinctive character)
Tarnishment (Detriment to reputation/repute)
Copyright requirements
Artistic work (ideas aren't enough) Real author Sufficiently original Of the right type (there exists a list) Fixed in a tangible medium
Infringement of copyright
When you copy all/”a substantial amount” of others’ work
You can use other people’s work, but you must use it fairly and with credit
Patents
Strongest form of protection
Last 20 years
Invent something novel (new, an inventive step, has an industrial application)
Matters not regarded as inventions for patents
Scientific theory/mathematical method/discovery
Aesthetic creations
Rules/methods for trade
Presentation of information
Matters excluded from patents
Medical treatments
Biological subject matter
Inventions contrary to morality/public order
Costs of a patent
Can be very expensive ($10978 for renewal)
Registered design
Protects the visual appearance of a product or item and gives you exclusive rights for that appearance
Get it registered to maximise protection
IP rights in an employment relationship
If you’re employed, it is often the case that your employer has the IP rights to anything you create, even if it isn’t on “company time”
Copyright:
Patents:
Trademarks:
Design rights:
Copyrights are for aesthetic subject matter
Patents are for technical subject matter
Trademarks are for commercial/reputational subject matter
Design rights protect confidentiality
Acquiring a trademark
Statutory IPR obtained via application to the Trade Marks Division of the IPO
Acquiring a Patent
Statutory IPR obtained via application to the relevant Patent Office
Acquiring copyright
Statutory IPR which arises automatically
How to register a design?
Statutory IPR obtrained via application to the Designs Registry of the Patent Office
Patent duration and nature
Up to 20 years.
A monopoly right
Copyright duration and nature
Duration varies (Maximum of the life of the author plus seventy years) Not a de jure monopoly right
Trademark duration and nature
10 years which may be renewed indefinitely A commercial monopoly right subject to class and sub-class limitations
Registered designs duration and nature
Up to 25 yeras (5 five-year renewal periods)
A commercial monopoly right
Moral rights
Rights to paternity, integrity, privacy for photographs and films (same duration as relevant copyright)
RIght to object to false attribution in place for 20 years from death
Arise automatically
Not monopoly rights
Confidential information
Government/ other trade secrets which possess the necessary quality of confidence
Equitable action arising via contract or the confidentiality of a relationship or Human Rights Act 1988
Lasts indefinitely until information released into public domain
Not a monopoly right
Passing off rights
Protection against misrepresentations damaging the goodwill of an enterprise
A tort
Lasts indefinitely until enterprise’s goodwill ceases
Unregistered design rights
Shape and configuration of whole/part of an article that are original and not common place
Statutory IPR arises automatically from recording of design
Lasts 15 years, not a monopoly right
