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Intellectual property - Coggle Diagram
Intellectual property
Types of IP
1. Trademark
a. registered
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Trade mark registrations can be perpetual rights, provided they
are renewed every ten years.
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To register a trade mark, it must:
• Be capable of being represented in a manner which enables the competent authorities and the public to determine the
clear and precise subject matter of the protection afforded to its proprietor.
• Not be devoid of distinctive character or be descriptive in relation to the goods or services for which protection is
sought (unless it has acquired distinctiveness through use).
• Not have become customary in the trade, or generic.
• Not be a shape which results from the nature of the goods themselves, is necessary to obtain a technical result, or gives
substantial value to the goods.
• Not be morally objectionable.
• Not fall within a number of specifically excluded trade marks (for example, the Royal arms).
• Not conflict with earlier rights owned by third parties
b. unregistered
can claim rights by in unreg trade marks by relying on passing off against 3rd parties. TM owner must have:
- built up good will in the TM
- be able to show that a 3rd partys use of TM would constitute a misrepresentation and would cause them damage
maintenance
renewal fees must be paid each year after the 4th anniversary of the filing date
- £200 for 1st class of goods and services
- £50 for each additional class
to keep TM in force, registrations must be renewed every 10 years from the filing date. Can be reenwed online on the UK-IPO website
if TM not renewed during 6-month late renewal period (6 months after it falls due for renewal), it can apply to have it restored within next 6 months
Vulnerability to cancellation for
- non-use: if TM is not used within 5 years of reg, it may be cancelled
- customary in trade: if becomes generic
protect:
Brand names, logos, slogans
2. Copyright
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protects: literary, dramatic, musical and artistic works, as well as sound and film recordings, broadcasts and
typographical arrangements.
copyright lasts for 70 years from end of calendar year of author's death. lower periods apply for some works
3. Design Rights
a. registered
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to register a design, it must be:
- novel AND
- have individual character
It must also not fall within the following specific exclusions to protection:
• Dictated solely by technical function.
• Subsisting in features necessary so that it can connect to another product(s).
• Contrary to public policy or morality.
b. unregistered
1. Supplementary Unregistered Designs (SUD)
Same criteria as for reg designs but only lasts 3 years AND party must show there has been a copying to prove infringement.
- SUD only arises if a design was first disclosed in the UK
2. Continuing Unregistered Design Right (CUD)
applies to designs protected in UK as Community unregistered designs pre 1 jan 2021. these designs are automatically protected in the UK for the remainder of their existing 3-year term.
- a brexit transition right
3. UK Unregistered Design Right (UK UDR). This protects the shape or configuration of the whole or part of an article.To qualify for protection, the design right must:
• Be original (meaning it must not be commonplace).
• Be recorded in a design document, or an article must have been made to the design.
• Not be a method or principle of construction.
• Not be a feature of a shape or configuration of an article which enables the article to be connected to, or placed in,
around or against, another article so that either article can perform its function.
• Not be a feature of a shape or configuration of an article which depends on the appearance of another article of which
the article is intended by the design to form an integral part.
• Not be surface decoration.
- protection lasts for 10 (if design marketed) or 15 years (if design not marketed within 5 years)
maintenance
for reg DR, renewal fees must be paid every 5 years
- can be renewed for up to 25 years in total
- renewal fees:
- first= £70
- subsequent= £90 then £140
if reg DR not renewed during 6-month late renewal period (6 months after it falls due for renewal), it can apply to have it restored within next 6 months.
- no fee for this until after 5 month period where it is £24 per month
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6. Patents
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To patent an invention it must:
• Be novel.
• Involve an inventive step.
• Be capable of industrial application.
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