LPC Notes - Intellectual Property Law and Practice.
Distinction level notes for Intellectual Property Law and Practice.
The University of Law specific (2022)
- WS1 Intro to Intellectual Property
- WS2 Trademarks
- WS3 Passing Off
- WS4 Copyright
- WS5 Patents
- WS6 Confident...
✓ Explain the main features of each of the major IPRs
✓ Identify the IPR or IPRs applicable to specific items
✓ Compare the features and protection afforded by each IPR
✓ Advise a commercial client on the IP rights which can be used to protect its specific business assets
✓ Be able to discuss the use of artificial intelligence in IP
Unit Workshop Tasks
✓ Advise your client on the IPRs that it can use to protect specific business assets.
✓ From the instructions and information provided by your client, you will identify the IPR or IPRs
applicable.
✓ You will be required to explain the main features of these rights, informing your client why the rights
exist and the protection they provide.
CONTENTS
Introduction to Intellectual Property 2
Main features of each major IPR 3
Identifying relevant IP rights – audit style exam question 6
Registration and Administration 7
Not for resale or distribution 1
, INTELLECTUAL PROPERTY LAW & PRACTICE
INTRODUCTION TO INTELLECTUAL PROPERTY
17.1. p213
WHAT IS INTELLECTUAL PROPERTY?
→ The basic concept of intellectual property is to protect the products, results, and rewards of the
exercise of human intellectual and commercial endeavour.
→ Legal right to stop others from using the owner’s property without permission and to give a monopoly
right to exploit that property commercially.
→ Must be careful about what things you can protect as ideas etc., in some respect, belong to humanity in
common.
Areas of Law 1. Protection of business reputation
approached a. It is the protection of the identity of ‘the mark’ of an organisation with its
own particular brand and output – especially through the eyes of customers
and consumers – which is the binding connection between trademark law
and passing off.
2. The protection is that given to ‘creative expression.’
a. Rights of creatives to develop property rights in tangible results – to stop
other persons from making free use of that property without the permission
of the creator, by way of copying or otherwise, whether for gain or not.
3. The protection given to designs for shapes (both internal and external)
and appearances of objects intended to be created for that design, typical
by way of manufacture
a. Prevents unauthorised commercial exploitation of designs rather than simple
complying for non-commercial purposes.
4. Allowing creators to take advantage of limited time by using registered
patents
a. Allowing persons of inventive nature to take advantage of a limited time in
which they can exploit the commercial possibilities of their invention.
✓ These, along with others, i.e., confidential information and know-how protection,
provide the framework for individuals, businesses, and the public to benefit from
principled, predictable, and equitable sharing of human intellectual output.
✓ Gives protection to those who create and think. It allows the public to benefit and
develop from steps taken by innovators and designers.
✓ It prevents destructive ‘free for all’ in the unlimited and unscrupulous use and misuse
of other people’s property.
Consequence • Can be the ‘real asset value of a business.
of ownership • Can be dealt in, sold, bought, licensed, or charged by way of security.
of IP • Many business giants (i.e., Microsoft) could not have come into existence so
quickly were it not because they consisted primarily of IP assets.
Not for resale or distribution 2
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