Summary
Summary Intellectual Property on Share and Asset Sale - Private Acquisitions
- Course
- Institution
Condenses all the reading, lectures and SGS activities to about 30% the original volume. Clear, Concise and Organised.
[Show more]
Seller
Follow
JCBLAW
Content preview
6. INTELLECTUAL PROPERTY (IP)IP RIGHTS
Most IPRs are national rights – protected in one country only
o Typically business owns parallel national rights in other countries
Registered IP rights = Discoverable through public register searches – IP Office
o Patents
o Registered Trade Marks ™
o Registered Designs
Unregistered IP rights = Difficult to research b/c no public registers
o Copyright ©
o rights in passing off
o Unregistered Design Rights (UDR)
o Know-How (KH)
o Database Rights (DBR)
+ Rights of use of T under licences granted by 3 rd parties
NB where international IP rights, should ensure with local lawyers that T has all IPRs
needed to carry out relevant activities
, RIGHTS REQUIRING FORMAL REGISTRATION
UK PATENTS – Patents Act 1977
Patents = monopoly right to use and exploit an invention for a limited period – allows holder
right to prevent 3rd party from using invention without owner’s consent for duration of patent
o May be new product or improvement to product = Product patent
o May relate to new way of carrying out process = Process patent
Once granted it gives owner right to prevent others from making, using, selling or importing
the patented product/process without permission
Registered at UK IPO
personal property right that can be assigned, mortgaged, charged or licensed
Requirements
1. Novelty – only granted for new invention (previous disclosure to public prevents granting)
2. Inventive step – it must not be obvious to a skilled person familiar with the relevant field
3. Capable of industrial application – must be made or used in some kind of industry inc.
agriculture (low hurdle)
Exclusions
Statute specifies some things are not inventions
o E.g. a discovery, an aesthetic creation
Certain categories not patentable
o E.g. medical treatments such as a new kind of operation
Duration
20 years from date of filing app – subject to renewal fees being paid
Owner should pursue any infringement to avoid later claim by 3 rd party that patent is invalid
due to inaction of owner
UK TRADE MARKS - Trade Marks Act 1994
™ = sign capable of distinguishing goods/services of one undertaking from another – must
be represented graphically to appear on ™ register (not inc. domain names)
o Proprietor has right to prevent ™ use by others in the course of trade in the UK
without consent
Most are words, made up words or logos – can be 3D shapes e.g. Coca-Cola bottle
Cannot be registered if 3rd party already has rights in same mark
Registered at UK IPO
personal property right that can be assigned, mortgaged, charged or licensed
Duration
Provided renewal fees paid every 10 years = indefinitely
May be revoked if not used continuously for 5 year period after registration
Owner should pursue any infringement to avoid later claim by 3 rd party that patent is invalid
due to inaction of owner
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller JCBLAW. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.91. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
80796 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now
Recently viewed by you
Exam (elaborations) ·
NASCLA Business Law and Management EXAM SC Q&A RATED A.
