INTELLECTUAL PROPERTY

DEFINITION…

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce

It grants ownerships and rights over intangible assets

4 TYPES

Patents-Patents protect what makes things work - like what makes a wheel turn or the chemical formula of your favourite fizzy drink.

http://www.ipo.gov.uk/types.htm

Trade marks-Trade marks are symbols that distinguish goods and services in the marketplace - like logos and brand names.

Designs-Designs are what something looks like - from the shape of a take-away cup to the body of jet.

Copyright-Copyright is an automatic right which applies when the work is fixed, that is written or recorded in some way.

FACTS… Consequences of not guarding your IP’s include

being unable to prevent other companies using your assets

Ideas and concepts for inventions are not patentable

Trade marks must be distinctive for your goods or services

Design Right is free protection and relates to the apperance of a product

Copyright is automatic so there are no fees to pay or forms to fill in

http://www.wipo.int/about-ip/en/

WHAT IS IP CRIME? If you own an intellectual property (IP) right such as a copyright,

design, patent or trade mark, then others can not manufacture, use, sell or import it without prior permission. Unauthorised use of someone's IP can be classed as IP crime and may lead to prosecution.

Counterfeiting generally relates to wilful trade mark infringement, while piracy generally relates to wilful copyright infringement.

Examples of counterfeiting could be: clothing footwear handbags For more information, see trade mark crime. Examples of piracy could be: Digital Versatile Discs (DVD's) Compact Discs (CD's) unauthorised downloading of music from the internet Software

http://www.ipo.gov.uk/crime/crime-whatis.htm

OPEN-SOURCE SOFTWARE (OSS)

OSS is computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software.

http://en.wikipedia.org/wiki/Open_source_software

RELEVANT ORGANISATIONS

European Patent Officehttp://www.epo.org/

World IP Org http://www.wipo.int/portal/index.html.en

LEGISLATION Copyright Legislation Copyright Designs and Patents Act 1988- This Act followed on from the publication of the report of the Whitford Committee in

1977, which sought to address a number of the issues raised by ‘modern’ technology, which included photocopying, audio and video taping and computing. The Act brought about a number of specific changes including the improvement of remedies against pirates, a copyright in cable-casts and a reinforcement of the application of copyright for computer programs.

Design Legislation There are currently four different kinds of design rights in force in the UK;

UK Registered Design Right established by the Registered Designs Act 1949;

UK Unregistered Design Right established by Part III of the Copyright, Designs and Patents Act 1988;

Community Registered Design Right established by Council Regulation on Community Designs (6/2002/EC); and

Community Unregistered Design Right established by Council Regulation on Community Designs (6/2002/EC).

 

Patent Legislation The Patents Act 1977 is currently the principal statute governing patent law and practice in the UK. At the date of its

conception, this Act was intended to provide the UK with a system of patent law in accord with the substantive provisions of the European Patent Convention, and to manage patents and applications processed via the European Patent Office or the Patent Cooperation Treaty as administered by the World Intellectual Property Organisation.

However, one or two facts of UK patent law remain unique, and the English Courts have had and continue to have differing opinions upon the interpretation of certain substantive provisions of the relevant legislation.

Trade Mark Legislation Trade mark law and practice was substantially modified and reformed by the Trade Marks Act 1994, which is now the principal

statute governing trade mark law in the UK. The majority of the problems have arisen as a consequence of the application of the 1994 Act to uses

http://www.ip4all.co.uk/law/ip-legislation/

THE IP ARMOUR GAME