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Flashcards in Intellectual Property Deck (74)
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Why is IP protected

-Economic (incentive for people to create, as they will get compensated)
-Moral/Natural (The creator deserves credit from their work)


What are the objectives to protect IP

-Maintain competition
-Encourage the production of wide range of quality goods and services
-Underpinning economic growth and employment
-Sustaining innovation and creation
-Promoting technological and cultural advances
-Enriching the pool of public knowledge


Tell about why IP are vital asset to the business

Protects also the customer goodwill.
Organisations own assets (2 types)
1) Commercial assets
2) Intellectual assets
E.g. nike, coca cola shape, you dont want the public to be fooled, unauthorised use or illegal use may result in prosecution


Tell about commercial assets

The form of traditional property - houses, cars


Tell about Intellectual assets

The jewels in the crown to many organisations (strong branding)


Tell about IP in business related to family

-Protection of property, can be added to the will
-Inherit of family business and intellectual property as part of inheritance
-Follow a dream to turn aspirations into commercial reality


Why is IP great in terms of technology

Often responding to a problem with a flash of inspiration, improves existing technologies
Sourcing from home, work environment or even hobbies


What are intellectual assets (4)

1) Patents
2) Trade Marks
3) Designs
4) Copyright
Correct use and application may mean the difference between success and failure


Tell about patents

Invention protects functions of product. Protection period of 20y provides the opportunity to take full advantage of the technology


Tell about trade marks

Brand external face of the company, often regarded as the most powerful piece of advertising a company is ever going to get. Promotes recognition and customer loyalty, lasts forever is kept in use, allows opportunity to diversify within a brand and enable franchise operations


Tell about the designs

Protection of the external appearance of the product, lasts for period of 25 years


Tell about copyright

Automatic unregistered right (you just need to prove its yours) seven types. covers artistic and literary works and lasts for a period of 70years after the authors death


What are the seven types of copyright (6)

-original literary, dramatic, musical and artistic work, including illustration and photography
-original non-literary written work, such as software, web content and databases
-sound and music recordings
-film and television recordings
-the layout of published editions of written, dramatic and musical works


What are the regulations of IP (international)

International Treaties & Conventions
European Union (Community Trade Mark)


What are the national legislation of IP

-Statute law
-Common law


What are the Statute IP regulations (4)

1) Trade Mark Act 1994
2) Copyright Designs and Patents Act 1988
3) Patents Act 1977
4) Registered Designs Act 1949


What are the two IP regulations under Common Law

-Passing off


Tell about Passing off

Protects traders from unauthorised use of registered trade marks and other representations to mispresented their goods and services to someone else. I.e. a trader tries to take unfair advantage of another trade's reputation, passing of his products as that supplied by a more reputable trader


What are the three elements of passing off that you need to prove?

- Goodwill (establish the customer connection to the brand)
- Misrepresentation (cause people to be misled due similar packaging)
- Damage (loss in revenue due imposter)


Tell about Passing off case Reckitt & Colman Products v Borden Inc (1990)

The ‘Jif lemon’ case. is a leading decision of the House of Lords on the tort of passing off. The Court reaffirmed the three part test (reputation and goodwill, misrepresentation, and damage) in order to establish a claim of passing off. per Slade LJ: Reckitt, sold lemon juice under the name "Jif Lemon" which came in plastic yellow container that was shaped like a lemon. Borden, a competitor, started to produce lemon juice in a similar lemon-shaped plastic container that was only slightly larger with a flattened side. Reckitt sued Borden for passing off their product as Jif Lemon juice.


Tell about Trade Marks, what are they origin from

A badge of origin, a sign which is capable of distinguishing goods or services from those of another, sign is R in circle

Trade marks are the only form of IP which lasts for ever. Helps us to protect our brands


Why to use trade Marks?

-Branding from the beginning, its difficult to later rebrand
-Establish and do research over the market and niche before product launches
-Important especially to SME
-Consumers like to buy branded products and it is this which they will identify


Why does the TM research pay off?

-People try to protect their image, can also affect to the customer confidence
-Create distinctive brand - your prime opportunity to create a brand identity
-Check the IP Office database to establish if others have a adopted this brand or something similar
-Your brand will exist in a class which is the most appropriate for your field of business
-Do your research - mistakes can be expensive and destroy customer confidence


How to get TM

You may apply it alone, or you may use the services of a Trade Mark agent who can add value to your application


Trade marks classification

34 classes for good, 8 classes for services

E.g. Sound - musical notation
Shapes - photograph/drawing
Colour - Specimen of shade; register
Scent - this is very difficult


TM application

-Application needs to be specific
-Bona file intent to use the mark for the prescribed goods or services


What is the objections that are made

By Examiner or 3rd party
-Absolute ground of refusal (based on mark)-Relative grounds of refusal (conflict with 3rd party rights)


TM registrations: what can be registered

-A sing capable of being represented graphically which is cable of distinguish goods or services of one undertaking from those of other undertakings
Must not fall on the absolute grounds of refusal.


What are the absolute grounds of refusal -6

1) Non-distinctive (apple)
2) Descriptive of their underlying goods/services
3)Customary expression of the trade (unless a distinctive character has been developed in the relevant market)
4) Consisting exclusively of shapes which result form the nature of the goods themselves, necessary to obtain a technical results, or which give substantial value to the goods

5) deceptive to the public
6) Contrary to public policy/morality


Registration of TM can be...

very broad and inclusive concept - words (names, letters, numerals) packaging, shapes of goods - colours, sounds, scents, tastes..'anything that conveys information'