1. TOPIC 2 :: Legal issues- Copywrites, trademark and patents::
MODULE 2. GET STARTED!
TOPIC 2 :: Legal issues- Copywrites, trademark and patents::
This project has been funded with support from the European Commission. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained. therein

2. Legal issues: What do we mean by Copyrite, a Trademark and patent ?
Copyrite is used to protect artwork, writing and or the intellectual property of any artistic form;
In order to copyrite your work it must be tangible and fixed;
Trademarks on the other hand are used to protect your names, symbols or logos, and slogans for your products and services;
Trademarks are very important to a business as they allow the business to be distinctive from another company in the same market.
An owner of a company has to register a trademark legally and this has to be renewed depending on where the company is based.
Patents protect your inventions and designs;
Typically there are 2 types of patent, an invention patent and design patent

3. Trademarks
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises;
Trademarks are very important to a business as they allow the business to be distinctive from another company in the same market.
Your trade mark must be unique. It can include:
words;
sounds;
logos;
colours;
a combination of any of these.
An owner of a company has to register a trademark legally and this has to be renewed depending on where the company is base

4. Trademarks Continued Your trade mark cannot:
be offensive, for example contain swear words or pornographic images
describe the goods or services it will relate to, for example the word ‘cotton’ can’t be a trade mark for a cotton textile company
be misleading, for example use the word ‘organic’ for goods that aren’t organic
be a 3-dimensional shape associated with your trade mark, for example use the shape of an egg for eggs
be too common and non-distinctive, for example be a simple statement like ‘we lead the way’
look too similar to state symbols like flags or hallmarks, based on World Intellectual Property Organization guidelines

5. Copyrite
Copyright protects your work and stops others from using it without your permission.
You get copyright protection automatically - you don’t have to apply or pay a fee.
You automatically get copyright protection when you create:
original literary, dramatic, musical and artistic work, including illustration and photography
original non-literary written work, such as software, web content and databases
sound and music recordings
film and television recordings
Broadcasts
the layout of published editions of written, dramatic and musical works
You can mark your work with the copyright symbol (©), your name and the year of creation. Whether you mark the work or not doesn’t affect the level of protection you have.

6. Copyrite Continued
Copyright protection starts as soon as a work is created. Once your copyright has expired, anyone can use or copy your work.
The length of copyright depends on the type of work.
Type of work
How long copyright usually lasts
Written, dramatic, musical and artistic work
70 years after the author’s death
Sound and music recording
70 years from when it’s first published
Films
70 years after the death of the director, screenplay author and composer
Broadcasts
50 years from when it’s first broadcast
Layout of published editions of written, dramatic or musical works
25 years from when it’s first published

7. Patents are expensive and difficult to get.
You can use a patent to protect your invention. It gives you the right to take legal action against anyone who makes, uses, sells or imports it without your permission.
To be granted a patent, your invention must be all of the following: something that can be made or used new
Inventive - not just a simple modification to something that already exists
Patents are expensive and difficult to get.
For more information about whether you will need a patent please go to