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Straightforward Publishing - Matthew Ward

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77 pages

English

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Description

This latest book in the Straightforward Guides series, A Guide to Intellectual Property and the Law, revised to 2021, deals with the wide ranging area of intellectual property and the process of obtaining protection and how to take legal action in the event of infringement. It also deals with changes introduced as a result of BREXIT. The book is wide ranging and will prove an invaluable and accessible introduction for all levels of readership.

Informations

Publié par	Straightforward Publishing
Date de parution	25 octobre 2021
Nombre de lectures	0
EAN13	9781802360776
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A Straightforward Guide to
INTELLECTUAL PROPERTY AND THE LAW
Matthew Ward
Editor: Roger Sproston

Straightforward Guides www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN 978-1-913776-98-5
Epub ISBN 978-1-80236-077-6
Kindle ISBN 978-1-80236-088-2
Printed by 4edge www.4edge.co.uk
Cover design by BW Studio Derby
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for the errors or omissions contained within.
CONTENTS
Introduction
1. Intellectual Property -Introduction and Summary
2. Patents and the Law-Applications for Patents
3. Confidential Information-Breach of Confidence
4. Trade Marks and The law
5. Passing Off
6. Character Merchandising
7. Copyright
8. Infringement of Copyright
9. Design Law
10. Intellectual property and computer software
11. Other Forms of Protection
Useful addresses/Websites
Index
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INTRODUCTION
A Guide to Intellectual Property and the Law, Revised edition, updated to 2021, deals comprehensively and clearly with a complex, elusive and rapidly changing area, of importance to those engaged in the commercial world, or to teachers of the subject. The book deals with the UK and makes reference to differences in the ways of dealing with disputes in Scotland and Northern Ireland.
What differentiates the book from others in the field is that it is written in such a way that it is of benefit to students of law and those who wish to gain a practical understanding of the subject area.
The law of intellectual property impinges upon the lives of many people, whether traders, artists, musicians or designers. Whatever we do, whatever we create, we need to understand what protection the law affords our endeavours. This brief book introduces the reader to the meaning of intellectual property and deals in depth with the various aspects of intellectual property such as:
-Patents and patent law, protecting the inventor
-Confidential information and breach of confidence
-Trademarks, distinguishing one trader s goods from another
-Passing off, appropriating and damaging goodwill
-Character merchandising,
-Copyright and infringement of copyright
-design rights.
-Computer software.
The chapter on protection of computer software has been updated and also a new section on other forms of IP protection has been included. In addition, changes to patent rules, which came into force on October 1st 2016, and also April 2017, will be outlined. From 14 January 2019 the long-awaited (and short lived) Trade Mark Directive (2015/2436) took effect in the UK which reflected the UK s continued effort to enhance harmonisation of trade mark law across the EU. This has now been superseded by BREXIT, as outlined in 5.
BREXIT and Intellectual Property Law
It is important to note the many changes to IP law following the outcome of the BREXIT negotiations, and final withdrawal on January 1st 2021. The changes affecting each area of Intellectual property will be outlined in the relevant chapters.
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Ch. 1
Intellectual Property Introduction and Summary

Intellectual property is an area of law which is complex and rapidly changing. Intellectual property rights is the overall term used to describe the various rights that afford protection to creative and innovative endeavour. There are a number of main rights, described in more detail throughout the book, including the following:

Patents. This is a statutory property right that gives the patent holder the exclusive right to use certain inventions. A patent can be obtained by application to the Intellectual Property Office. Many people or organisations will use an agent to obtain a patent but it can be done on a do-it-yourself basis more cheaply. A patent will typically last up to twenty years.
Trademarks. A registered trademark is, like a patent, a statutory right and gives the exclusive right to use a distinctive sign in relation to either a product or service. The sign can be a name, a symbol, aroma, jingle etc. A trademark can be obtained via an application to the Intellectual Property Office. A trademark may be renewed indefinitely. Again, agents are used in the process but it can be carried out on a DIY basis.
Copyright and moral rights. Copyright is a statutory right subsisting in original literary, dramatic, musical and artistic works and in sound recordings, films, broadcasts, cable programs and the typography of published editions. Owners of copyright will have economic rights within their works, including the important right to prevent unauthorised copying and adaptation. Moral rights are rights that authors retain in their works, irrespective of who owns the economic rights. Copyright varies according to its life span, usually the life of an author plus seventy years. Moral rights are personal to the author and arise automatically.
Breach of confidence. The action for breach of confidence can be used to protect certain categories of confidential information, such as commercial information against unauthorised use or disclosure. The origins are contractual or equitable and the duration is indefinite or until the information is released into the public domain.
Passing off. Goodwill is a form of property constituting the markets perception of the value and quality of a business and its products. This can be protected against interference or damage by what is known as passing off . This is a tort that may be used in preventing a trader from making misrepresentations, which damages the goodwill of another trader. Again this is indefinite but ceases when the goodwill of a particular enterprise ceases.
Design law. Certain aspects of the appearance of articles, aesthetic or non-aesthetic are protected via a combination of the registered design system, the design right (an unregistered design system) and aspects of copyright law. A registered design is the exclusive right to use certain features of a range of products. A design right is the right to prevent the copying of aspects of the shape or configuration of an article, such as a certain type of car. An unregistered design right will last up to fifteen years. A registered design, which can be granted upon application to the Intellectual Property Office, can last up to twenty five years, but must be renewed at 5 yearly intervals.
Infringement of intellectual property rights
The holder of an intellectual property right has to be in a position to enforce his or her rights if there is found to be an infringement of the IPR. In the main, civil remedies are available. However, certain infringements constitute a criminal offence. Remedies available after trial are known as final remedies. Interim remedies are also available, which are remedies awarded during trial. In relation to final remedies, financial remedies may take the form of damages or an account of profits. Examples of IP infringement include when someone:

Uses, sells or imports a patented product or process
Uses all or some of another s work under copyright without their permission
Makes, offers or sells someone s registered design for commercial gain
Uses a trade mark that s identical or similar to one another has registered
The following steps can be taken:

Get the other party to stop using IP or come to an agreement with them, for example license the IP.
Use mediation or another type of dispute resolution.
Take legal action if parties can t resolve the dispute by other means.
Report IP crime
It can be a criminal offence to copy or use copyright material and registered trade marks and designs without permission. Suspected IP crime should be reported to Trading Standards by contacting Citizens Advice.
Get help and advice
An intellectual property (IP) professional can give legal advice on a dispute, or act on someone s behalf. An IP professional can be found through organisations including:

The Chartered Institute of Patent Attorneys
The Chartered Institute of Trade Mark Attorneys
The Law Society (England and Wales)
The Law Society of Scotland
The Law Society of Northern Ireland
Contact the Intellectual Property Office (IPO)
A person can contact IPO for:

an opinion on whether their patent or supplementary protection certificate is being infringed - it costs 200
to start legal proceedings over some types of IP dispute
general advice on IP
Come to an agreement
If someone is using a person s IP without their permission they can contact them and ask them to stop.
Make a deal
A person can offer to make a deal with the other party, which is usually cheaper and quicker than going to court. They can also come to a Coexistence Agreement with someone who has a similar trade mark. A coexistence agreement is a legal agreement whereby two parties agree to trade in the same or similar market using an identical or similar trade mark.
Use a mediator
A person can use a mediator if they can t come to an agreement over an intellectual property (IP) dispute. Mediation is a way of resolving disputes without going to court. It s cheaper and quicker than taking legal action and the outcome is usually beneficial to all parties. Mediators provide an independent view on a dispute. They can t make a decision for another person, but they can help to find a solution that both parties accept. Discussions with a mediator are confidential and can t be used in court later if the dispute isn t resolved. Mediation can be used in most IP disputes including those about infringement, licensing, and patent entitlement.
IPO mediation service
The Intellectual Property Office (IPO) has its own med