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Types of Intellectual Property Rights (Designs (a shape or pattern applied…
Types of Intellectual Property Rights
Designs
a shape or pattern applied to an articles by an industrial process for aesthetic purposes
concerned with the external appearance of articles, the internal workings are protected by patents
can be registered at the Patent Office under the
Registered Designs Act 1949
Registration lasts for max of 25 year. Can be licensed, assigned or sold
All designs, registered and not, are protected by the Copyright, Designs and Patents Act 1988.
A design right is an exclusive right for five years and then becomes subject to licences of rights
Copyright
the exclusive right to use one's work
Copyright, Designs and Patents Act 1988, amended by Copyright and Related Rights Regulation 2003
original literary, dramatic, musical or artistic works
sound recordings
the typographical arrangements of published editions
no requirements for any actions or registrations by the owner to gain protection from the Act. Comes into effect as soon as something that is created is "fixed" (on paper, film, sound recording, etc)
Designs - remedies for infringement
sue the person responsible for damages and/or an injunction, or an account of profits made from the wrongful use of the design or an order for the delivery up of the infringing copies
Since 1989 - unregistered designs - owned by the commissioning party unless an agreement provides otherwise
Changes by s2 IPA 2014 - the first owner of the work will be the designed, not the commissioner, unless there is a contract that provides otherwise
Designs - criminal offence for copying
s13 IPA 2014 - created new criminal offence for infringement of registered designs
it is an offence for a person in the course of business intentionally to copy a registered design to produce so as to make a product exactly to that design, or only immaterially different
the person must know or have reason to believe that the design is a registered desing
the offence is punishable by imprisonment of up to 10 years and by fines, and applies to designs registered in both the UK and the EU
Duration of copyright protection
lifetime of the author +70 years: literary and dramatic work
70 years: sound recordings
generally cannot be used without the owner's permission
Rights of copyright owners (s.16.1 CDPA 1988)
copy the work
issue copies of the work to the public
rent or lend the work to the public
perform, show or play the work to the public
broadcast the work
make adaptations of the work
The Digital Economy Act 2010
- obligations on ISPs to monitor and report upon online copyright infringement by subscribers
Remedies for infringement of copyright
s.96 - damages (except where the defendant did not know and had no reason to believe that copyright subsisted in the work
s.97 - courts to have regard to all the circumstances of the case, and the flagrancy of the infringement and the benefits accruing to the defendant by reason of that infringement
criminal sanctions; for making copies of work for sale, hire, importing them for business purposes
DEFENSES
research or private study
purpose of criticism or review
reporting of current affairs
use by licence or short extracts
use by educational establishments and librarians
purposes of judicial or parliamentary proceedings