MUST be, Innovative, inventive and new.
- Capable of industrial application i.e. they can be used in industry.
A patent is a national right, a monopoly, usually lasts 20 years.
- It comprises of descriptions.
Describes the inventions and variations
- Claims
States what the invention is, set out what is protected by the patent.
TRADEMARKS, What do they protect?
Trademarks can be applied for through application forms or registration
- Indicates the origin of the goods or services
Logos, brand names, brand images, Includes letters, numbers, symbols, colours and shapes.
They can last up to 10 years, but if left inactive they may be revoked after 5 years.
REQUIREMENTS;
- Must be capable of graphical representation
- Unique or distinctive
- Capable of distinguishing goods or services
A company can apply just for UK coverage. OR if a company requires coverage across Europe, its possible to do so if such company applies for a trademark in a spanish office.
If such trademarks are copied or identical imagery, marks or services are used the individual or company are guilty of infringement and breaking the laws of contract.
Infringement can also be distinguished as a an individual or company using something that may confuse customers with another brand.
The Victoria secret and Thomas Pink law suit is an example of infringement with Victoria Secret having to remove their "pink" campaign and collection.
COPYRIGHT, Protects the expression of creative and artistic work
If your work falls within a specified category you are eligible for copyright protection.
- Work must be original not copied.
Copyright is automatic, theres no need for an application
WHY HAVE COPYRIGHT?
- Allows one to make commercial gain
- Provides one with the right for no one to copy work
INFRINGEMENT OF COPYRIGHT CAN BE;
- Copying your work
- Issuing copies to the public
- Renting/lending work
- Performing, selling, playing the work
- Communicating the work
- Adapting the work
WHAT ACTION CAN BE TAKEN?
- License negotiation
- Legal action
DESIGN RIGHTS, UK unregistered design
Design rights protect the appearance of the products, (line, colour, shapes, textures or patterns.
- must have individual character
CONFIDENTIAL INFORMATION
"Work which is capable of being protected"
Ideas can be protected.
CONSIDER THESE ASPECTS WHEN DESIGNING;
- Existing trademarks
- Trademark, registration
- Copyright; author, employer if idea generated under employment
- Consider origin of inspiration
- Commissioned aspects
- Designs; designer, if commissioned, if employed
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