INTELLECTUAL PROPERTY FORMS

INTELLECTUAL PROPERTY FORMS

1. Intellectual property rights (IPRs) are rights governed by statute that provide individuals with a right to prevent others from exploiting or abusing their intellectual creations.

   • PATENTS
     • A patent is a legal title granted to an applicant for protection of an invention. It is a registerable form of IP.This public disclosure of the invention is a requirement and ensures that everyone is aware of the specific invention the inventor has laid claim to, so they can avoid infringement, but it also ensures that everyone has access to the invention after the patent term has expired.
       • Conventions and treaties
         • Every country’s legislation includes laws for the protection of IP, in which there is a provision for patent laws to govern the protection of inventions in that country
       • Patent Cooperation Treaty
         • The PCT application, also referred to as an ‘international patent application’, provides for a single patent application being filed at a single receiving office, in one language and in accordance with one set of rules.
       • European Patent Convention
         • The European Patent Convention (EPC) is another international patent treaty, established under the European Patent Convention of 1973 and brought into force in 1977.
       • Requirements for a Patent
         • Patent law requires that certain conditions are met in order for an invention to be patentable.
           • -The invention must be novel (new); -It must involve an inventive step (not obvious); -It must be capable of industrial application; and It must not fall into the ‘excluded’ category for non-patentable matter.
   • COPYRIGHT
     • Copyright is a form of IP designed to protect the rights of a creator of literary and artistic works, computer programs and databases.
       • Copyright typically is enforced to prevent copying, plagiarism, and misuse of a work, but it does not prevent a third party from independent development of the idea or a similar work.
         • Works Protected by Copyright
           • Typical works covered by copyright are: original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films, videos, broadcasts and cable programmes, computer programs and databases.
           • Granting of Copyright
             • Whereas patent protection for an invention must be applied for and granted by a patent office, copyright does not require any formal application or registration for protection of a creative work.
           • Registration of Copyright
             • here is no requirement to register a work in order to obtain copyright protection. However, the laws of some countries do require registration in order to have a formal record of the work that is protected by copyright
           • Ownership of Copyright
             • The rights covered by copyright can be divided into economic rights and moral rights
           • Duration of Copyright
             • International treaties have done much to harmonise copyright law across territories, particularly with respect to the duration of copyright, which in the past varied greatly between countries depending on the particular form of copyright
   • TRADE MARKS
     • A trade mark is the symbol by which the goods of a particular manufacturer or trader can be identified and distinguished from the goods of others
       • Registration of a Trade Mark
         • It may be possible in certain countries for a company to assert ‘unregistered rights’ over a mark if it has been used by the company in the marketplace for some time and has become synonymous with the company and its goods (without infringing the registered mark of another business).
           • Protection for a trade mark is granted by the patent and trade mark office in the country in which protection is sought. To qualify for registration, the mark:
             • Must be distinctive; Must not be descriptive of the goods; and Must not be capable of deception or confusion with marks already applied for or registered.
       • International Registration
         • There are two main international agreements on trade mark protection – the Community Trade Mark (CTM) and the Madrid Protocol. The CTM provides a facility to make a single application at the CTM office in Alicante, Spain, at the Office for Harmonization in the Internal Market (OHIM). Registration of a trade mark under the CTM system then provides protection in all member states of the EU.
     • Duration of a Trade Mark
       • The term of a trade mark in most countries is for 10 years, which may be renewed indefinitely for subsequent 10-year terms. The term and maintenance of a trade mark, however, is conditional upon the owner demonstrating use of the mark. Under the CTM system, it is necessary to prove use within five years of registration.
   • DESIGN RIGHTS
     • While each country has its own IP laws that include protection for designs, there are two important international systems in operation for the protection of industrial designs: the Community Design system and the Hague Agreement
     • Requirements of a Design
       • For a design to be recognised as qualifying for protection under the Community Design Regulation, it must comply with the following three requirements:
         • -It must fall within the definition of a ‘design’
           • It must be novel (absolute worldwide novelty, similar to patent law); and It must have ‘individual character’.
     • Registered Community Design
       • An application is examined for conformance to the definition of a ‘design’ in accordance with the Community Design Regulation and also to decide whether it is contrary to morality or public policy. Unlike the patent system, there is no examination for novelty and no opposition procedure, so the test for novelty only comes into play in the case of objections and disputes over the validity of the registered design.

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