Intellectual Property law notes

8/10/2019 Intellectual Property law notes

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intellectual property lawCopy RightRegulated by the copyright, designs and patents act 1988The act includes:- Original literacy, dramatic, musical and artistic works

- Sound recordings, films, TV and radio broadcasts and cable programmes;- Typographical arrangements of published works.

1. Originals - You may use ones work and reference their findings. It is also measured bythe amount of independent work, the capital invested and the time taken.

2. Literacy - Any tangible form of written work, could include letters, anything written/ spoken and computer programmes e.c.t.

3. Artistic - Charts, maps, plans, paintings, craftsman-ship.

Must be in some tangible form!

The duration of Copyright50 years from broadcast/release of music - increasing to 70 years from september 2013

Crow CopyrightThe copyright in works belongs to the crown for 125 years

Work created by the employees of a business would be of ownership to the employerCommission of photographs - The Photos will belong to the Photographer, and they don’thave the rights to publish publicly without prior consent.

Rights of the owner - Copy, Adapt, present the work publicly

Secondary infringement - Whereby the copyright material is used commercially or to makea profit

Licensing - The owner may issue a license for use of the material. This may cost the user.

Breach of the copyright entitles the owner to take civil action against the individual/ company

The design right - Is attached to any significantly original design. This doesn’t mean that ithas to be unique, but does mean that it must exist and that it is not just an idea.

Te Registered design Regulations 2001 - Relates to the appearance, size, shape, and anypatterns of design. This is all due to the fact that it is not a patent and it is not creatingrights of how the product functions.Design - the design must be visible to the user when the product is being used.Product - doesn’t include computer programmes, but does include physical objects.New - The design must differ, materially to any other public design.Individual Character - The product must convey a different impression to the user of thedesign than other available products.

PatentsPatents act 2004 - enables the inventor of the product to gain a monopoly in the market.

8/10/2019 Intellectual Property law notes

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The requirements are:1. The invention must be new2. It must be an inventive step.3. It must be capable of industrial application.

Section 40 gives the inventor the right to compensation, if they are working for anemployee, and the gains made by the employer are very substantial due to their work.e.g Kelly & Another v GE HealthcareIn this case, they invented a cardiac imaging agent that an estimated value of £50 million,they were awarded 500,000 each for their work and contribution to the company.

The registration process. -