A more recent version of these Unit 1 Ip Rights Overview notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Intellectual Property Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
TM Name, Badge, Logo, slogan
Passing Off - VERY likely to arise on top of other rights TM, RDR, UDR - once something is copied
distinguish one traders product/service from another
Stop the exploitation of goodwill
What's protect ed?
Protects names/logos for goods and services (also, in limited circumstances, shapes) so that customers can distinguish one business product from another one/one trader's goods from another's
Protects against unfair use of or damage to business rep
UDR 3D version of (c) unless a sculpture or artistic craft 2D not allowed as covered by RDR (surface dec) and (c)
Ensure that people invest in inventions that expand existing technology Inventions (both products and processes)
Protects the outward appearance of articles Any aspect of a) shape; or b) configuration Whether internal or external of the whole or part of the article
Business rep =
"goodwill" of a product Goodwill = "the attractive force which brings in custom"
Monopoly/exclusive rights to the use of the trademark with statutory protection This means other companies cannot use the excuse that they came up with the mark independently
How obtaine d?
The closer the competitor design is to the protected design, the more likely it is to infringe the trade mark Registration is required in relation to goods/services in that class Check register. Then register at UKIP.
Gives protection against unfair imitation Wider protection than trademarks alone
Automatic, the right to bring an action arises as soon as you can demonstrate goodwill Evidence to prove
monopoly/ exclusive rights on what is protected (Even if TP comes up with something independently they are infringing
- first to file To register in the UK - submit plans to the Patent Office. Must
No right subsists unless the design is recorded in a document Prevents commercial copying of articles Stops TP reproducing, selling and importing copies from abroad
Arises automatically (no registration) when design drawing produced or article made to the design
Copyright (remember duration goes down to 25 years when mass produced) Can protect slogans but small number of words hard to be literary
- try and construe as a lyric Stop copying of your works
Protects outward of articles
3D version of copyright - can be automatic where originality is present
- Difference, UDR right in concept of design not its physical rep (doesn't matter whether design represented in drawings or physical article)
What is the benefit?
RDR (remember the 12 months grace)
Protects new designs for products. The visible, external appearance, during ordinary use of all or part of a product (2D or 3D) Appearance resulting from lines, contours, colours, shapes, texture, ornamentation Product includes packaging, get up, graphic symbols, typographic type-faces and visible parts
Protects creative output (expression of an idea NOT the idea itself) Therefore technical drawings, protects against copying of the drawing but not use of the information in the drawing to create the product (the product is protected by RDR and UDR)
Confidential info (technical drawings and formulas)
Stop disclosure of confidential info unauthorised discloser (usually by employees with signed agreements) but can be implied confidentiality in case law
Stronger protection than unregistered design rights
Monopoly/exclusive right to use and benefit from the design commercially
Prevents copying doesn't provide a monopoly
Protects against unauthorised disclosure
Arises automatically, if original (no registration)
Implied Arises automatically (no registration) Express By contract
Stops TP reproducing, selling and importing copies from abroad
Registration Registration at UKIPO
Buy the full version of these notes or essay plans and more in our International Intellectual Property Notes.