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Straightforward Publishing - Matthew Ward

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89 pages

English

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Description

This latest publication in the Straightforward Guides Series, Guide to Intellectual property and the Law is a concise guide to the legal framework governing intellectual property. The book is comprehensive and covers all areas relating to copyright, patents etc. It will prove invaluable to all those who seek to understand more about this complex area, whether it be layperson or student.

Sujets

Inglaterra

Intellectual property

Law

Wales

England

Informations

Publié par	Straightforward Publishing
Date de parution	25 octobre 2015
Nombre de lectures	4
EAN13	9781847166333
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
Straightforward Guides www.straightforwardco.co.uk
Straightforward Guides
Straightforward Publishing 2015
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.
eISBN 978-1-84716-633-3 Kindle ISBN: 978-1-84716-619-7
Printed by 4edge www.4edge.co.uk
Cover design by Bookworks Islington
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 - a Summary
Patents
Trademarks
Copyright
Breach of Confidence
Passing Off
Design Law
Infringement
Account of Profits
Damages
Non-Pecuniary Remedies
Interim Remedies
Criminal Sanctions
2. Patents and the Law-Application for Patents
Historical Background
The Meaning of Patent
The Presentation of Information
Non-Patentable Inventions
The Concept of Novelty
State of the Art
The Inventive Step
The Employee Inventor
Infringement of a Patent
Exceptions to Infringement
3. Applying for a patent
4. Confidential Information-Breach of Confidence
The Necessary Quality of Confidence
Disclosure
The Obligation of Confidence
Non-contractual relationships
Unauthorised use of Information
Defences
Remedies
5. Trade Marks and The law
Historical Background
International Provisions
The Paris Convention
The Madrid Agreement
The Madrid Protocol
Trademarks and Registration of Marks
Collective and Certification Marks
Trademark Law
Classification of a Trademark
Definition of a Trademark
Absolute Grounds for Refusal
Relative Grounds for Refusal
Surrender and Revocation
Infringement
6 Applying for a Trade Mark
7. Passing Off
Infringement of Trademarks and Passing Off
The Requirements of a Passing Off Action
The Claimant s Goodwill
Misrepresentation
Misrepresentation and Confusion
Confusion and Common Fields of Activity
Damages
Domain Names
Injurious Falsehood
Remedies
8. Character Merchandising
Character Merchandising and Defamation
Character Merchandising and Copyright
Character Merchandising and Trademarks
Character Merchandising and Passing Off
9. Copyright
Definition of Copyright
Historical Background
Copyright-Subsistence of Copyright
Copyright Works
Originality
Computer programmes and databases
Fixation and Tangibility
Authorship, ownership and moral rights
Joint Authorship
10. Infringement of Copyright
General
2014 Regulations
Exceptions to copyright
Personal copies for private use
Quotations
Caricature, parody or pastiche
Fair dealing
Education and teaching
Research and study
Changes affecting disabled people
Research
Public bodies
Defences to infringement
11. Design Law
Design
Community design
Novelty and individual character
Exclusions from community design
Duration of a Design Right
Protection and Infringement of community design
Limitations on the right to a community design
UK registered design rights
UK unregistered design rights
Exceptions to subsistence of UK unregistered design right
The Intellectual Property Act 2014
12. How to Apply For a Registered Designs
13. Intellectual property and computer software
Computer programmes
Databases
Patents and computer software
14. Other Forms of Protection
Useful addresses/Websites
Index
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INTRODUCTION
This latest edition to the Straightforward Guides Series, A Guide to Intellectual Property and the Law, Revised edition, 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.
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 book has a dual function, firstly as an introduction n to the law and secondly it has been updated to include the practical process of how to apply for patents, trade marks and registered designs. 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 2014, the Intellectual Property Act was introduced, along with other regulations affecting both copyright and also deign rights. These are fully outlined in relevant chapters.

Overall, the reader, whether student or layperson, trader or artist, will benefit from the introduction offered in this book. The information is supplemented by examples of case law.
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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. EU copyright protection on sound recordings has been extended from 50 years to 70 years after a work s release. This applies only to records released after 1963. However, the directive does not apply to 50 year old recordings not yet released.
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, lasts up to twenty years.
Infringement of Copyright
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.
Account of profits
This is a remedy involving the award to the right holder of the profits that the defendant has made from the infringement. This is a discretionary remedy and the right holder cannot gain both damages and account of profits. Where a right holder has the choice of electing to go for account of