Introduction to intellectual property handlout


Published on

Handout to accompany IP North West's presentation to Freerange Artists Carlisle.

  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Introduction to intellectual property handlout

  1. 1. Introduction to Intellectual PropertyCarlisle, 8 March 201010:30 – 13:30 Jane Lambert Barrister NIPC 0800 862 0055 www.nipclaw.comIntellectual Property BasicsPatents Monopolies of new inventions which may be products or processes: granted for up to 20 years by the IPO for the UK alone or for the UK and other European countries EPO as a reward for teaching how to make or use the invention. They are the very opposite of trade secrets which are protected by the law of confidence.Trade Marks Signs such as names, logos, initials, numerals or other indicators that distinguish the goods or services of one undertaking from those of all others. They may be registered for specified goods or services with the IPO for the UK alone or with OHIM for the whole EU including the UK. Trade marks registered for the EU are known as Community trade marks. Trade marks may also be protected by the law of passing off.Registered The appearance of the whole or part of a product may be registered for up toDesigns 25 years with the IPO as a “registered design” for the UK or with OHIM as a “registered Community design” for the EU including the UK if it is new and has individual character. Designs that could have been registered as registered Community designs are protected from copying for up to 3 years as “unregistered Community designs”. 1
  2. 2. Unregistered The right to prevent an article or part of an article from being made to an Design Right original design. “Design” for these purposes means aspects of shape or configuration of an article or part of an article. Unregistered design right subsists only in the UK. It lasts for 10 years from the date articles made to the design are first marketed or 15 years from their creation. Copyright The right of to prevent the reproduction, publication, communication, renting, lending or adaptation of an original artistic, dramatic, literary or musical work, a broadcast, film, sound recording or typographical arrangement of a published work. The right subsists for various terms depending on the nature of the work. For instance, an artistic, dramatic, literary or musical work lasts the life of the author (which term includes artist, composer or dramatist) plus 70 years. Rights in The right of an actor, dancer, musician, singer or other performer (or of his or Performances her broadcaster, film or recording studio) to prevent the broadcast, filming or taping of a live performance whether on the stage or in the studio. Law of The right of a person who discloses sensitive secret business, technical or Confidence personal information (such as a “trade secret”) to another in confidence to prevent the misuse or further disclosure of such information for so long as the information remains secret. Passing off The right of a trader to prevent a competitor from misrepresenting his goods, services or businesses as those of the original trader by using the same or similar trade mark, trade name or other indicator.How to Acquire these RightsSome of those rights arise spontaneously when particular conditions occur. These include:  Copyrights  Unregistered Design Rights  Rights in Performances  Unregistered Community Designs  The right to bring an action for breach of confidence, and  The right to bring an action for passing off.Some of these rights arise from statute such as copyright, unregistered design right and rights in performanceswhich were established by the Copyright, Designs and Patents Act 1988.Others have to be registered either at the IPO, the EPO, OHIM or some other national or regional intellectualproperty office.Rights that have to be registered with the IPO include:  Patents  Trade Marks, and  Registered Designs.European patents are registered with the EPO pursuant to the European Patent Convention.Community trade marks and registered Community designs are registered with OHIM pursuant to the CommunityTrade Mark Regulation and the Community Design Regulation. 2
  3. 3. Useful ServicesIntellectual Property OfficesBritish Patent Office http://www.epo.orgOHIM (CTM and RCD) http://oami.europa.euUSA http://www.uspto.govJapan http://www.jpo.go.jpChinese Korea http://www.kipo.go.krWIPO http://www.wipo.intPatent Information UnitsBritish Library, IP & Business Central Library Central Library http://www.businessandpatents.orgHelp for InventorsNIPC Inventors Club Clinics Development AssociationEnterprise Answers Business Angels North WestWebsite 3
  4. 4. Your Notes 4