Intellectual Property

Legal Implications

What is Intellectual Property?

The product of creativity and intellectual endeavour

Intellectual Property Rights (IPR) are rights granted to the creators and owners of works that are produced through creative efforts.

Types of Intellectual Property

Types of intellectual property include artistic, literary, scientific, industrial creations

Examples of output can be an invention, a logo, a trademark, a software application, a name etc

IP Rights

4 main areas to consider Copyright Patents Trade Marks Design Rights

Also relevant: Passing off The law of Confidential information

Copyright Designs and Patents Act 1988

In the UK copyright is automatically applied to an original work on its creation.

The law has been subject to amendments and the latest amendments of October 2003 were aimed at bringing the Act in line with the EU Directive on Copyright and Related Rights in the Information Society (EU Copyright Directive) 2001 and the challenges posed by the Internet.

The UK is a member of various international conventions and treaties on copyright law such as the Berne Convention. The Act was also amended at various occasions to harmonise it with the provisions of international treaties.

Patents

A product or invention that can be copied and used by others can be protected through applying for a Patent. Patents can be restricted to UK, Europe or applied for on a worldwide basis.

A patent gives you exclusive use of the produce in the country where the patent has been granted. Patents can be licensed or sold for use by others.

Items that cannot be patented

a scientific or mathematical discovery, theory or method; a literary, dramatic, musical or artistic work; a way of performing a mental act, playing a game or doing business; the presentation of information, or some computer programs; an animal or plant variety; a method of medical treatment or diagnosis; anything immoral or contrary to public policy.

Trademarks – a distinctive emblem

A sloganA logoA brand nameCompany nameColourSound or jingleGestureA sign or form of packaging

Protecting Trademarks

For a fee you can register your trademark

which gives protection and statesTrademark belongs to youThe item – represented in words and

pictures is a trademarkCan be licensed or sold on

Design Right

An automatic right like Copyright that

protects the shape or configuration of a

Product.

Designs can be registered for more

protection

Passing Off

If you don’t have a registered trade mark you can still pursue someone who uses your logo etc without permission through the common law of “passing off”. This procedure would be an alternative to trademark infringement.

It can be costly and difficult to prove and it is usually advisable to protect your IP more fully through trade mark registration.

Law of Confidence

UK law supports the protection of confidential information in a wide variety of situations.

In commercial settings it is wise to include a declaration regarding maintenance of confidentiality in employee contracts

In certain circumstances a specific Non Disclosure Agreement may need to be drawn up with 3rd parties when discussing new ideas etc.

How the law of confidence is applied

In matters relating to technology, the ‘springboard’ principle offers a useful guide. A person who is in receipt of information which is confidential ought not to use it to save himself the time and expense of creating the information, as he would have had to do if he had no prior knowledge of it or the expense of obtaining it from someone else: Coco v AN Clark (Engineers) Ltd; Cranleigh Precision Engineering Ltd v Bryant [1966] RPC 81; 3 All ER 289.

If obtaining the information requires very little trouble, for instance, it can be located in a standard published work, then the information need not be treated as confidential.

(source: http://www.gillhams.com/articles/168.cfm)

International Treaties and Directives

Rome ConventionBerne Convention – international copyrightTrade Related Aspects of Intellectual

Property Rights (TRIPS)World Intellectual Property Organisation

(WIPO) Copyright TreatyEuropean Union Copyright Directive