#10482 - Unit 1 Ip Rights Overview - International Intellectual

IP RIGHT	TM Name, Badge, Logo, slogan	Passing Off – VERY likely to arise on top of other rights TM, RDR, UDR – once something is copied	Patents	UDR 3D version of unless a sculpture or artistic craft 2D not allowed as covered by RDR (surface dec) and	RDR (remember the 12 months grace)	Copyright (remember duration goes down to 25 years when mass produced) Can protect slogans but small number of words hard to be literary – try and construe as a lyric	Confidential info (technical drawings and formulas)
Purpose	distinguish one traders product/service from another	Stop the exploitation of goodwill	Ensure that people invest in inventions that expand existing technology	Protects outward of articles		Stop copying of your works	Stop disclosure of confidential info
What’s protected?	Protects names/logos for goods and services (also, in limited circumstances, shapes) so that customers can distinguish one business product from another one/one trader’s goods from another’s	Protects against unfair use of or damage to business rep Business rep = “goodwill” of a product Goodwill = “the attractive force which brings in custom”	Inventions (both products and processes)	Protects the outward appearance of articles Any aspect of a) shape; or b) configuration Whether internal or external of the whole or part of the article 3D version of copyright – can be automatic where originality is present - Difference, UDR right in concept of design not its physical rep (doesn’t matter whether design represented in drawings or physical article) No right subsists unless the design is recorded in a document	Protects new designs for products. The visible, external appearance, during ordinary use of all or part of a product (2D or 3D) Appearance resulting from lines, contours, colours, shapes, texture, ornamentation Product includes packaging, get up, graphic symbols, typographic type-faces and visible parts Stronger protection than unregistered design rights	Protects creative output (expression of an idea NOT the idea itself) Therefore technical drawings, protects against copying of the drawing but not use of the information in the drawing to create the product (the product is protected by RDR and UDR)	unauthorised discloser (usually by employees with signed agreements) but can be implied confidentiality in case law
What is the benefit?	Monopoly/exclusive rights to the use of the trademark with statutory protection This means other companies cannot use the excuse that they came up with the mark independently The closer the competitor design is to the protected design, the more likely it is to infringe the trade mark	Gives protection against unfair imitation Wider protection than trademarks alone	monopoly/ exclusive rights on what is protected (Even if TP comes up with something independently they are infringing	Prevents commercial copying of articles Stops TP reproducing, selling and importing copies from abroad	Monopoly/exclusive right to use and benefit from the design commercially Stops TP reproducing, selling and importing copies from abroad	Prevents copying - doesn’t provide a monopoly	Protects against unauthorised disclosure
How obtained?	Registration is required in relation to goods/services in that class Check register. Then register at UKIP.	Automatic, the right to bring an action arises as soon as you can demonstrate goodwill Evidence to prove goodwill – customer sales, awards, duration of trading figures etc.	Registration required – first to file To register in the UK – submit plans to the Patent Office. Must submit an enabling disclosure (explaining how it works)	Arises automatically (no registration) when design drawing produced or article made to the design	Registration Registration at UKIPO	Arises automatically, if original (no registration) Worth lodging copies of the designs with sol so date of creation can be established	Implied Arises automatically (no registration) Express By contract
Reqs	Sign must be able to be graphically represented Sign must distinguish goods/services of the applicant from those of other undertakings mark as a whole needs to be distinctive, rather than features within it Anything that falls within definition is registered unless there are contrary grounds: Absolute = - TM consist solely of signs or indications of aspects of the goods/services themselves - TM which has become customary in current language - Shape TM that consists solely of shape of goods or shape necessary for technical function or gives substantial value to the goods - TM contrary to public policy/bad faith Relative = - A conflict with existing registered TM belonging to someone else (identical or similar)	C has goodwill Misrepresentation by D to public - Confusion must be at point of sale (cant be an interior aspect of the product, liked to UDR) e.g. shape of chocolates in a box - Customers must believe D’s products are associated with C’s Damage to C (Often where C and D in same trade, once goodwill and misrep established the court is willing to infer damage)	1. Be new (form part of state of the art, no enabling disclosures) 2. Constitute an inventive step (is it obvious to the unimaginative technician who is skilled in the art) 3. Be capable of industrial application 4. Not be within any exclusions - discovery of natural phenomena - aesthetic creations (covered by ) - mental acts - contrary to public policy	1. Original (in the sense of i.e. not copied) 2. Not commonplace in the design field in question Must not be a method or principle of construction as this is covered by patent law Any aspects of a design which must fit with other articles in order to work are excluded (people cant be stopped form making products which fit into/onto product which has been protected) – Think about this in particular when it’s a part of product which can’t be seen (interior aspect) Designs for products which are dependant on the appearance on another article (e.g. car body panels) are excluded BUT products which aren’t dependant on the appearance of another (e.g. steering wheel, road wheel, seats) aren’t excluded TEST = do spare parts need to be identical in appearance? Surface decoration is excluded as would be protected by	1. New (no identical design or no design whose features differ only in immaterial details 2. Individual character (overall impression it produced on informed user differs from that of any other design made available to public (BUT there is a 12 month grace period for designers to disclose designs to others) May not register features dictated solely by products technical function May not register interface features where product compelled to be certain shape in order to fit into so both product(s) can perform proper function (if it had to be that design to work then no design flair) - This doesn’t apply to features that allow for assembly or connection of mutually interchangeable products within a modular system	LDMA: 1. Original 2. Minimum effort 3. Recorded	1. Did the information have the necessary quality of confidence about it? 2. Was the information imparted in circumstances importing an obligation of confidence? 3. Was there any unauthorised use of the information?
Duration	Indefinite duration – but must pay a renewal fee every 10 years. Also an EU registration system for EU wide protection	potentially indefinite, as long as you can demonstrate goodwill	Lasts 20 years from application There are some discrepancies between jurisdictions and some differences in respect of different categories of patent, for example medical patents	10 years in most cases (maximum of 15)	RDR lasts 25 years. From registration. Must be renewed every 5 years	Lasts for 70 years from the death of the creator (in most but not all cases)	until in the public domain (by which point it should ideally be covered by a patent or design right)
Notes	If you fail in a TM case – look to “passing off” as this is as a far wider/more flexible = easier to succeed Adv over passing off: Once registered, no need to prove goodwill or misrep Gives monopoly and exclusive right to use TM for which its registered TM is on register for anyone to see free of charge via IP office Can last indefinitely (in contrast to other IP rights)		What must you submit for protection – the plans of how you created the invention (step by step guide/formula) What if the product is still in development and therefore not patentable = use confidential information	Overlap with : 3D articles cannot be protected by copyright unless it is an artistic object “sculpture or work of artistic craftsmanship” or an engraving Creation of a 3D article can be protected by RDR or UDR, is suppressed in favour of UDR By contrast RDR can co-exist with in 3D article Making a 2D copy of 2D drawing will infringe in usual way as it’s a graphic work Making a 2D copy of a 3D item – most 3D items aren’t so its an infringement of UDR not			Discuss the implied law then say how better to have express clause in contract – review employee contracts
EU	In the EU, a trade mark may consist of any sign capable of distinguishing the goods or services of one undertaking from those of other undertakings (Directive 89/104/EEC The Trade Mark Directive) Registered mark in each EU state, not worldwide. A conflicting...

#10482 - Unit 1 Ip Rights Overview - International Intellectual Property

About Oxbridge

More International Intellectual Property Samples