Presentation on theme: "Intellectual Property Legal Implications. What is Intellectual Property? The product of creativity and intellectual endeavour Intellectual Property Rights."— Presentation transcript:
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 slogan A logo A brand name Company name Colour Sound or jingle Gesture A sign or form of packaging
Protecting Trademarks For a fee you can register your trademark which gives protection and states Trademark belongs to you The item – represented in words and pictures is a trademark Can 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 3 rd 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  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 Convention Berne Convention – international copyright Trade Related Aspects of Intellectual Property Rights (TRIPS) World Intellectual Property Organisation (WIPO) Copyright Treaty European Union Copyright Directive