Intellectual Property

Trade marks – (e.g. apple sign so know whos made computer or Chanel logo)

What to they protect? 

• Indications of the origin of goods or services. Marks that distinguish one business from another
• Brand names, logo, brand images
• Words, letters, numbers, logo, symbols, shapes, colours, sounds

How? 

• Application or registration
• What are you going to cover with your trademark? What do other trademarks cover?

E.g. Fred Perry trademark – laurel wreath logo left breast of a polo shirt, as well as, double lines on seam of sleeves and collar 

Requirements – registered trade marks must be:

• Capable of graphical representation
• Capable of distinguishing goods/services
• Distinctive, not descriptive 
• Not contrary to public policy/morality 

Term

• 10 years, renewable indefinitely (may be revoked for non-use after five years)

Infringement (you can fringe someone else trademarks and vice versa) 

• Identical mark/identical goods or services
• Likelihood of confusion
• Trade marks with a reputation

Passing off

• Reputation
• Misrepresentation
• Damage

Patents – protect inventions (product and processes)
• Must be new and inventive

• Capable of industrial application

• What is a patant?
- national right – granted by individual countries
- Monopoly
- Usually lasts for 20 years

• What does it comprise of?
- Descriptions
- Claims
- Drawings (optional)

Copyright – protects expression of creative and artistic works
• Meaning of original:
- Skill, effort and judgement
- No requirement for artistic merit
- Not been copied
- Derivative works can be original 

• Who is the author?
- General rule (creator, first owner)
- Films (producer and principle director)
- Commissioned works 
- Work you do as an employee

• Essence of copyright
- Exclusive rights to certain acts
- Right to make commercial gain from work
- Right to prevent others from copying or using without permission (infringement)

• Exemptions
- Non-commercial research and private study
- Criticism and review
- Reporting current events
- Reach schools and colleges 

Design Rights
• Protect appearance of new products (or parts) – lines, contours, colours, shapes, texture or materials

• New and have individual character

Moral Rights
• Works which enjoy copyright protection

• Right to be acknowledged

• Confidential information
- Obligation of confidence exists
- Unauthorised use – damaged to owner, advantage to user 

• Creation
- TM searches
- Careful when ‘copying’ others 
- Document development process