Introduction to IP (1)
Types of Intellectual Property:(p214)
TRADEMARKS
What is protected: A brand name or logo for goods and services (also in limited circumstances,
shapes)
Benefit: exclusive right to the use of the trademark with statutory protection (Trade Marks
Act 1994)
How it is obtained: Registration (filed with UK-IPO)
How long it lasts: Indefinitely (can be renewed every 10 years)
Examples: Coca-Cola, BMW, Levis, company name, logo
PASSING OFF
What is protected: goodwill (eg, a logo or a name or associated ‘get up’)
Benefit: Gives protection against unfair imitation (must show that owner has built up
goodwill in the trademark and show that a 3rd party’s use of that trademark would
constitute a misrepresentation and cause damage)
How it is obtained: Arises automatically (no registration- common law tort)
How long it lasts: Indefinitely
Examples: Company name, logo
COPYRIGHT
What is protected: Artistic output, creative expression
Benefit: Preventing copying
How it is obtained: Arises automatically (no registration)
How long it lasts: 70 years from death
Examples: Writing, art, music, architecture, film, compute software, pictorial and
photographic creation, industrial plans, sculpture, recorded music and films, logo,
wallpaper design, employment contract
Moral rights: Rights that rise at the same time as copyright but are personal to author and
remain with author even if work sold
Artist’s Resale Right: Entitles authors of original works of art to a royalty each time one of their works is
resold through an auction house or art market professional. Art in this sense
might be a painting, engraving, sculpture or a ceramic.
DATABASE RIGHT
What is protected: Collections of information
Benefit: Protects against unauthorised copying
How it is obtained: Arises automatically (no registration)
How long it lasts: 15 years from creation or revision of the database
REGISTERED DESIGN RIGHT
What is protected: New designs for products that relate to the appearance (ones that relate solely to
technical function cannot be registered)
Benefit: Monopoly right to use and benefit from the design commercially
How it is obtained: Registration (filed at UK-IPO)
How long it lasts: 25 years from registration (maximum and must be renewed every 5 years)
Examples: Logo, photo frame, wallpaper pattern
UNREGISTERED DESIGN RIGHT
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Types of Intellectual Property:(p214)
TRADEMARKS
What is protected: A brand name or logo for goods and services (also in limited circumstances,
shapes)
Benefit: exclusive right to the use of the trademark with statutory protection (Trade Marks
Act 1994)
How it is obtained: Registration (filed with UK-IPO)
How long it lasts: Indefinitely (can be renewed every 10 years)
Examples: Coca-Cola, BMW, Levis, company name, logo
PASSING OFF
What is protected: goodwill (eg, a logo or a name or associated ‘get up’)
Benefit: Gives protection against unfair imitation (must show that owner has built up
goodwill in the trademark and show that a 3rd party’s use of that trademark would
constitute a misrepresentation and cause damage)
How it is obtained: Arises automatically (no registration- common law tort)
How long it lasts: Indefinitely
Examples: Company name, logo
COPYRIGHT
What is protected: Artistic output, creative expression
Benefit: Preventing copying
How it is obtained: Arises automatically (no registration)
How long it lasts: 70 years from death
Examples: Writing, art, music, architecture, film, compute software, pictorial and
photographic creation, industrial plans, sculpture, recorded music and films, logo,
wallpaper design, employment contract
Moral rights: Rights that rise at the same time as copyright but are personal to author and
remain with author even if work sold
Artist’s Resale Right: Entitles authors of original works of art to a royalty each time one of their works is
resold through an auction house or art market professional. Art in this sense
might be a painting, engraving, sculpture or a ceramic.
DATABASE RIGHT
What is protected: Collections of information
Benefit: Protects against unauthorised copying
How it is obtained: Arises automatically (no registration)
How long it lasts: 15 years from creation or revision of the database
REGISTERED DESIGN RIGHT
What is protected: New designs for products that relate to the appearance (ones that relate solely to
technical function cannot be registered)
Benefit: Monopoly right to use and benefit from the design commercially
How it is obtained: Registration (filed at UK-IPO)
How long it lasts: 25 years from registration (maximum and must be renewed every 5 years)
Examples: Logo, photo frame, wallpaper pattern
UNREGISTERED DESIGN RIGHT
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