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Intellectual Property Rights Adam and Stephen
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What are Intellectual Property Rights? Protect ideas, inventions, designs, names & images. Grants ownership to these ideas, inventions etc. Four main types: Trade Marks, Copyright, Design Rights & Patents. Also included information on Domain Names.
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Trade Marks Used by companies to tell them apart from other companies and competitors May use ™ or ®
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Examples of things that a company can have a Trade mark are Name (Nike)Sound (ie windows) Slogan (Just do it)Colour (Easyjet) Logo (Tick), Shape of product
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Difference between ™ and ® ™ Means the company has not registered the trade mark (they just want to link it to them). Or they are have registered but the application has not been accepted yet. ®The trademark has been registered and legal action can be take if the thing that has been trade marked is used by another comapany
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How to apply In the UK the Intellectual property office is responsible for all applications of trade marks. Their website can be used to check that your desired trade mark isn't already in use and if it isn't you can apply online. http://www.ipo.gov.uk/types/tm/t-applying/t- apply.htm
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Copyright Taken from Copyright, Design and Patents Act (CDPA) 1988 Definition: Copyright is a property right which subsists in virtually every kind of work (written, printed, electronic), as well as in the typographical arrangement of published editions, and in sound recordings, films, broadcasts or cable programmes. http://www.ljmu.ac.uk/lea/78087.htm
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Definition cont. Automatically acquired No need for formal registration Example: copyright © 2002 A Someone “All rights reserved” Lasts for 70 years when author dies Protects a Drawing / Plan only – NOT the Idea (Apply for Patent) The Copyright can be sold to another person or organisation.
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Copyright owners have the right to: Copy work Issue copies of the work in public Adapt the work Broadcast / Perform the work to the public.
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Consequences of breaching Copyright Fines for companies / persons who breach copyright. Example: February 2007 – Google fined £2.4m for publishing links to Belgian newspapers without permission.
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Design Rights Design right prevents deliberate copying. Applies to a designs fixed in a design document. (Shape, configuration etc.) 2 Types: Unregistered & Registered A Design Right is UK only A Community design can be Europe wide
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Differences UnregisteredRegistered Only 3DApplies to 2D and 3D designs Automatic rightHave to pay to register Lasts 15 years in UK & 3 in European Union Lasts 25 years in UK; has to be renewed every five. Have to prove you hold the designEasier to prove you hold the design UnregisteredRegistered Only 3D, not surface patternsApplies to 2D and 3D designs Automatic rightHave to pay to register Lasts 15 years in UK & 3 in European Union Lasts 25 years in UK; has to be renewed every five. Have to prove you hold the designEasier to prove you hold the design Less likely to act as a deterrentMore likely to act as a deterrent against infringement.
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Domain Names Not strictly an IP Right but still very important due to popularity of internet. Companies purchase domain names for their websites. Regulated by Internet Corporation for Assigned Names and Numbers (ICANN). In 1998 an worldwide system was brought in to simplify registration system.
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Domain Names Can be purchased from Domain name providers. Conduct a domain clearance search to make sure does not already exist. Decide if using.com,.org,.co.uk etc. Example: www.bt.comwww.bt.com Procedures in place in case of disputes and “cyber-squatting”
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Patents Protects new inventions on - How there invention works What is does What it is made off
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How to apply UK patents are granted by the Intellectual Property Office Fee’s for processing a patent application is £280 Can take 3 to 4 years
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Successful applications Owner needs to pay a yearly renewal fee If you feel you patent has been breached then you should go to patent attorney or a solicitor for advice. Will last 20 years
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Database rights If copyright material exists in a database and there has been a good investment into presenting and verify the information in it then database rights exist. No need to register or apply Database rights are different from copyright as the presentation and format of the data in the database is protected by copy right whilst the database as a whole can be protected by database rights.
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What does database rights do? Having database rights gives the database owner the right to control use of the database and to prevent people to extract information with out permission.
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Example William Hill got in trouble for as they used information from database operated by the British Horseracing Board (BHB) it contained information relating to races, horses' registration details, jockeys, fixture lists, race conditions, entries, runners etc. It cost BHB approximately £4 million a year to maintain. William Hill displayed a small, specific amount of information from BHB's database on its website. BHB took action in court, alleging that William Hill's use of the information infringed BHB database right. http://www.out-law.com/page-5698
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