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#16182 - Ip Law Summary - Intellectual Property Law

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Copyright Database UDR RDR Trademark Passing Off Patent
Arises in:

  • Art

  • Words

  • Music

  • Sound

  • List

  • Compilation

  • 3D items

  • Pattern

  • 3D items

  • Pattern

  • Words

  • Shapes

  • Logos

 Goodwill Inventive new item (not just an idea)

(Un)-

Registered?

 Unregistered Unregistered Unregistered Registered Registered Unregistered Registered
Duration Author’s life + 70 years 15 years from date of creation 15 years or 10 years from sale or hire 5 years renewable up to 25 years 10 years (renewable) Indefinite 20 years
Ownership Person who creates it Person who creates it Creator or Employer if in course of empl. Creator or Employer if in course of empl. Person who it is registered to Person/ Business that has goodwill Inventor or Employer if in course of empl.
Requirements

Recorded

Original (low)

 Substantial investment in obtaining, verifying or presenting contents

Original: not a copy and not commonplace

Not an exclusion

Novel

Individual Character

Sign – graph. rep.

Not already reg.

Distinctive

Not descriptive

Not deceptive

Goodwill

Misrepresentation leading to confusion

Damage

Novel

Inventive Step

Industrial Applic.

Not an excluded field
Infringement

Copying

Distribution

Performing, showing work in public

Adaptation

Secondary: dealing w/

 Same as copyright

Primary: indirectly making design w/out perm.

Secondary: knowledge and importation

 Making, offering, putting on market, exporting, importing or using design

Identical/ Similar product & mark

Orally, visually, conceptually similar.

 Misrepresentation that causes confusion and as a result damage Using w/out permission – purposive interpretation
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