This is a concise checklist of all the elements of the main IP rights for the exam. Both registration and infringement elements tackled in all IP rights covered. This strips out all of the irrelevant material and goes to the core of the examinable material.
*Usually in exam, there will be 3 or 4 IP rights to spot
COPYRIGHT
Applicability:
o Copyright exists in software, films, emails, reports, graphic work, logos, surface
decoration, employment contracts etc.
o To be sure copyright, client should be advised to lodge a copy of design to
solicitor or to post design to self in date marked envelope.
Would copyright arise?
There are three essential requirements for copyright to arise (LDMA only) – S1(1)
o Originality – as long as not copied
o Minimum effort to be a work
o Recorded (in fixed format – LDM only not artistic, e.g. word processed)
What type of copyright?
o LDMA (Literary, dramatic, musical and artistic works)
S4(1)(a) CDPA: Artistic - sculpture, architecture with an element of
craftsmanship so not mass produced but handmade, doodles, graphics of
computer game
S3(1)(a): Literary: need to provide instruction, information or pleasure
(Exxon case), e.g. reports, books, software code, translation of book
Musical: music of songs
o Entrepreneurial works:
S5A (1): recordings of songs fall under sound recordings
S6(1): on radio is classified as broadcast
*May be more than one - several copyrights can subsist in the same item (in a book: literary
copyright in words, artistic copyright in cover design)
*Does not cover ideas (must be a design drawing to qualify for copyright), concepts, names,
slogans, tv programme titles or short phrases trademark is better option here.
Duration of Protection?
o S12 CDPA: Lasts for the length of the author’s life plus 70 years from end of
calendar year of the author’s death – LDMA
o S15 CDPA: Lasts for 25 years from end of year of publication for the
typographical arrangement of published edition
Rights of ownership?
Under S16, gives copyright owner the exclusive right to copy, publish, perform or show in
public or adapt the work.
o S9(1): Artist/author is person who creates
o S11(1): The author of work is the first owner of any copyright in it
o S11(2): if made by employee in the course of employment employer is owner of
any copyright in work subject to any agreement to the contrary (employment
contract) Terms and conditions of any agreements must be checked
o Commissioning – copyright rests with author, not party commissioning the work
If the commissioning party wants to own, will need to do so by an
assignment of right.
If no agreement of assignment, is there an express of implied licence? –
implied comes in when the company will not be able to use the content
to work
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