+ 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
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