A concise and detailed summary chart of the different intellectual property rights covered on the Commerical Law Module at Nottingham Law School. The chart explains what each right protects, its duration, method of obtaining it, how it can be infringed, defences to infringement and more. It is perf...
INTELLECTUAL PROPERTY RIGHTS SUMMARY CHART
TRADEMARK COPYRIGHT PATENT REGISTERED DESIGN UNREGISTERED DESIGN
STATUTE Trademarks Act (TMA) 1994 Copyright Designs Protection Act Patents Act (PA) 1977 Registered Design Act (RDA) 1949 S213-235 CDPA 1988
(CDPA) 1988
WHAT DOES IT Any sign which is capable of: A property right in: • Protects inventions that are: • The outward appearance of a • Protects the design of the
PROTECT? - distinguishing good/services; • Original literary, musical, artistic, 1. New – s2 PA 1977 product resulting from the features shape or configuration (i.e. 3D
- being represented in the register or dramatic works - this means the invention of the lines, colours, contours, forms) of the whole or part of
in a manner which enables the • Sound recording, films, can’t be published shape, texture or materials of the an article – s213 CDPA 1988
registrar and others to determine broadcasting anywhere else in the world product or features of its
the clear and precise subject matter • Typographical arrangements prior to application ornamentation – s1 RDA 1949 • Protects only:
of the protection afforded to the Auth: s1 CDPA 1988 2. Involve an inventive step – • Protects ‘appearance for - purely functional shapes
proprietor – s1 TMA 1994 s3 PA 1977 appearance sake’ - 3D
Requirements: - this means it is not obvious • Advise client to keep detailed
E.g. words (incl. personal names), whatever is produced must: to a skilled expert EXCLUDES – designs dictated: copies of design
designs – aka logo, Letters, • be the product of the creator’s skill, 3. Capable of industrial • solely by function – s1C (1) RDA
numerals, shape of judgment and labour application 1949 EXCLUDES
goods/packaging • must be original - This means it can be made • by need to fit other products – s1C • Surface decoration
of used in all industries (2) RDA 1949 • 2D
EXCLUDES: *Note: work does NOT have to be of including agriculture – s4
• Things that lack distinctiveness – any particular merit. PA 1977 Requirements: Requirements:
i.e. are descriptive 4. Not excluded by 1. Has to be NEW – • Design must be original – i.e.
• Registered TMs which cease to be • can assign & license copyright – subsections 2 & 3 - can be on market for 12 months can’t be commonplace in
distinctive through use s90-95 CDPA 1988 before filing an application for specific design field – s213(4)
• Immoral/offensive marks - Discovery/scientific registration -s1B(6) RDA 1949 1988
• Identical mark against identical theory/math method are
goods/services not inventions 2. Individual character – this means
it produces a different overall
• Sign might consist exclusively of • Patent claims sets out extent impression in an INFORMED USER
shape which results from nature of monopoly rights than publicly available design
of good before the relevant date
HOW TO GET • Register at Trademark Registry • Arises automatically • Register at UK Patents Office • Register at the Designs Registry at • Arises automatically once
RIGHT? against 1 of 34 classes of goods • Copyright does NOT exist in a • Priority date is the date of UK IP Office article is recorded in 2D/3D
or 11 classes of services literary/musical/dramatic work filing application – s5 PA form (aka in a design
• Trademark will not be registrable unless and until it is recorded in 1977 document or article) – s213(6)
if application is made in bad faith some form – s3(2) CDPA 1988 CPDA 1998
– s3(6) TMA 1994
DURATION • Lasts for 10 years, but can be • Life of author + 70 years – s12 • 20 years from date of filing • Initial duration of 5 YEARS after • Lasts for 10-15 years
renewed indefinitely for 10-year CDPA 1988 application – s25 PA 1977 which can be renewed every 5 depending on if the item is put
periods – s42 TMA 1994 • Must renew annually after years for maximum of 25 YEARS – on the market within the first
EXCEPTIONS: first 4 years s8(1) RDA 1949 5 years of creation – s216
• Co-Written Work = 70 years from • Can renew up to 6 months • If you don’t renew, the right CDPA 1988
the death of the last surviving co- late and apply for restoration expires
author between 6-9 months • Can renew up to 6 months late and
• Typographical arrangement = 25
1
apply for reinstation up to 10
Page
years from date of publication months
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