Summary
Summary Pre-Module Reading - Commercial Law and Intellectual Property
- 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
PRE-MODULE READING IP Law provides rights to prevent others from making unauthorised use of its IP
o Failure to police own IP = erosion of competitive edge + unprofitability
o Infringement of others IP = damages, legal costs, wasted time and resources
CONCEPTUAL FRAMEWORK – apply to each IPR
SUBSISTENCE & DURATION
Has the right arisen in the first place?
Is a registration regime available for which the thing client seeks to protect qualifies?
IPRs expire after fixed period – is the right in question still in force?
OWNERSHIP
If right subsists, who can claim to own it?
Who is in a position to enforce it?
Is this the original owner or has property been transferred?
INFRINGEMENT
What is the scope of protection afforded by the right?
What acts can the owner prevent a third party from doing?
UNREGISTERED RIGHTS
Copyright and Unregistered Design Rights = automatic, need not + cannot be registered
o Question of fact whether right subsists – answered on case-by-case basis
REGISTERED RIGHTS
Trademarks / Patents / Some product designs = subsist by registration
o Must be applied for and accepted onto register otherwise no rights exist
INTELLECTUAL PROPERTY OFFICE (IPO)
Administers all registers of IP rights in UK
Acts as gatekeeper for admission of rights to register – decides whether app. qualifies
Issues certificate of registration
Makes decisions as to registrability and validity of rights it administers
o Hearing inter-partes disputes – 3rd party sees to revoke/invalidate registered right
DOES NOT have authority of court decision – decisions NOT precedents
DOES NOT hear infringement disputes – these are brought before court
IPO bound by court decisions
IPO decisions merely guidance as to best current views on points of law
EUIPO = IPO’s European counterpart
IP INFRINGEMENTS
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 $3.87. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67096 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now