Straightforward Guide To Intellectual Property And The Law

Matthew Ward

Description

This latest book in the Straightforward Guides series, A Guide to Intellectual Property and the Law, revised to 2019, 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. 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 2019
• Nombre de lectures: 0
• EAN13: 9781913342296
• Langue: English

Extrait

Straightforward Co Ltd 2019
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 978-1-84716-963-1 ePUB ISBN: 978-1-913342-29-6 Kindle ISBN: 978-1-913342-38-8
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
Report IP crime
Get help and advice
Come to an agreement
Make a deal
Use a mediator
IPO mediation service
Other mediators
Take legal action
File through the courts in England and Wales
Claims below 10,000
Claims up to 500,000
If someone is claiming more than 500,000 in damages
File through the courts in Scotland
File through the courts in Northern Ireland
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
The Threat test
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
Damage
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
15. BREXIT and Intellectual Property law
Relationship with EU law
The European Union Withdrawal Act 2018
Implications of Brexit
Unified Patent Court (UPC)
Community rights
European Digital Single Market
Useful addresses/Websites
Index
****
INTRODUCTION
This latest edition to the Straightforward Guides Series, A Guide to Intellectual Property and the Law Law, Revised edition, updated to 2019, 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 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.
In addition, changes to patent rules, which came into force on October 1st 2016, and also April 2017, will be outlined. Also, From 14 January 2019 the long-awaited Trade Mark Directive (2015/2436) will take effect in the UK, reflecting the UK s continued effort to enhance harmonisation of trade mark law across the EU. This will be outlined in the chapter about trade marks. 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.
BREXIT and Intellectual Property Law
It is important to note the many changes to IP law following the outcome of the BREXIT negotiations, and the proposed withdrawal on October 31st 2019, which at the time of writing are up in the air with any outcome possible. The final chapter (15) covers the possible scenarios. One thing is for certain, there will be a transition period and a legislative and regulatory vacuum until any certainty returns. For now, until withdrawal, EU law and regulations apply.
****
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-ityourself 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