Week 9 Intellectual Property

Question 1

Areas covered by IP law?

Answer 1

Trademarks, copyright, patents and design rights

Question 2

Difference between copyright and the object in question?

Answer 2

Copyright is considered an intangible property, whereas the object in question is considered a tangible property

Question 3

Purpose of IP?

Answer 3

Offer an incentive to innovate and a reward for doing so

Societal and private benefits

Question 4

Getting a trademark means you have?

Answer 4

Indication of origin
Quality
Advertisement
Investment

Question 5

Trademark is regulated by?

Answer 5

The Trademark Act

Question 6

What can you trademark?

Answer 6

Shapes, sounds, smells et al.

Anything graphical which is distinguishable from competitors

Question 7

Infringing a trademark means

Answer 7

Use it in trade without consent

Affects the functions of the trademark holder

Question 8

Trademark protection is against

Answer 8

Free-riding (Unfair advantage)
Blurring (Detriment to distinctive character)
Tarnishment (Detriment to reputation/repute)

Question 9

Copyright requirements

Answer 9

Artistic work (ideas aren't enough)
Real author
Sufficiently original
Of the right type (there exists a list)
Fixed in a tangible medium

Question 10

Infringement of copyright

Answer 10

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

Question 11

Patents

Answer 11

Strongest form of protection
Last 20 years
Invent something novel (new, an inventive step, has an industrial application)

Question 12

Matters not regarded as inventions for patents

Answer 12

Scientific theory/mathematical method/discovery
Aesthetic creations
Rules/methods for trade
Presentation of information

Question 13

Matters excluded from patents

Answer 13

Medical treatments
Biological subject matter
Inventions contrary to morality/public order

Question 14

Costs of a patent

Answer 14

Can be very expensive ($10978 for renewal)

Question 15

Registered design

Answer 15

Protects the visual appearance of a product or item and gives you exclusive rights for that appearance
Get it registered to maximise protection

Question 16

IP rights in an employment relationship

Answer 16

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”

Question 17

Copyright:
Patents:
Trademarks:
Design rights:

Answer 17

Copyrights are for aesthetic subject matter
Patents are for technical subject matter
Trademarks are for commercial/reputational subject matter
Design rights protect confidentiality

Question 18

Acquiring a trademark

Answer 18

Statutory IPR obtained via application to the Trade Marks Division of the IPO

Question 19

Acquiring a Patent

Answer 19

Statutory IPR obtained via application to the relevant Patent Office

Question 20

Acquiring copyright

Answer 20

Statutory IPR which arises automatically

Question 21

How to register a design?

Answer 21

Statutory IPR obtrained via application to the Designs Registry of the Patent Office

Question 22

Patent duration and nature

Answer 22

Up to 20 years.

A monopoly right

Question 23

Copyright duration and nature

Answer 23

Duration varies (Maximum of the life of the author plus seventy years)
Not a de jure monopoly right

Question 24

Trademark duration and nature

Answer 24

10 years which may be renewed indefinitely
A commercial monopoly right subject to class and sub-class limitations

Question 25

Registered designs duration and nature

Answer 25

Up to 25 yeras (5 five-year renewal periods)

A commercial monopoly right

Question 26

Moral rights

Answer 26

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

Question 27

Confidential information

Answer 27

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

Question 28

Passing off rights

Answer 28

Protection against misrepresentations damaging the goodwill of an enterprise
A tort
Lasts indefinitely until enterprise’s goodwill ceases

Question 29

Unregistered design rights

Answer 29

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