Intellectual property

Intellectual property rights - 

IP rights -

Trade marks

What is a trade mark?

Trade marks come in both logos and words, it tells you who has made the product. For example as soon as you see the apple sign you know it is created by apple, it lets everyone know who the product belongs to. 

How do you get a trade mark?

You need to register a trade mark to ensure that no one steals your idea, you need to think about where your selling your goods and what countries you don't want others to copy your product. For example if you register your trade mark in England somebody in China has the ability to legally copy your product so long as they don't sell it in England. If you wanted to register your trade mark in most countries it would cost you over half a million pounds! 

What do you register your trademark for?

For example polo, this is registered for cars, sweets, clothing, etc. Trade marks don't have to be words they can be anything, for example red soles. You can also register the position things are set out, fred perry have recently.

How do you do it?

Registered trade marks must be..

Capable of graphical representation

Capable of distinguishing goods/service

Distinctive, not (merely) descriptive

Trade marks last for 10 years and you are able to renew them or pass them to other family members for as long as you like. If you have no used your trademark in 5 years it is legal to have your trademark taken from you.

Infringement..

If you used someone else's trade mark or something similar to their trade mark which may confuse them into thinking you are that brand you can get into a lot of trouble. ( apple leaf)

Thomas Pink used the word PINK on its products including items of clothing and accessories, however Victoria Secret used PINK ( identical )

What is a patent..

A national right - granted by individual countries

A monopoly

Usually lasts for 20 years

Patents..

Protect inventions (product and processes)

It must be new and inventive:

- New - not anticipated by the  prior art anywhere

-involve an inentive step - not obvious

Capable for industry application 

What does a patent comprise of..

Descriptions

Claims 

Drawing

Copyright..

Protects the expression of creative and artistic work. 

Who is the author..

General rule - creator and first owner of copyright

Films - producer and owner of copyright

Commissioned works - the creator, even through commissioner paid for it

Work you do as an employee - 

If you produce work for a company that company owns it, for example some work placements etc will own the work you produce for them so you may not be able to use the work in your portfolio or future shows etc. 

If someone designs a logo for you website make sure they sign a copyright form otherwise they may own the logo itself so you are unable to make money from that logo. If your brand becomes known they might be able to take the logo and use it for themselves as they own it and no matter how many times you take them to court it is infact their right to take it.

Your rights as the owner of the copyright..

Issuing copies to the public

Renting/lending the work

Performing, showing, playing the work

Duration of the copyright..

Literary, dramatic, musical or artists work - life of the person plus 70 years

Exception to copyright..

Examples -

Non-commercial research and private study 

Criticism and review 

Reporting current events 

Teaching in schools and colleges 

Moral rights 

Right to be acknowledged as the creator of the work (you need to formally assert your rights), to object against derogatory treatment, false attribution. 

Can be waived but not assigned

Duration - life of the creator plus 70 years

Confidential information

Information capable of protection (quality of confidence)

Useful links

Uk intellectual property office 

BBc film network

WIPO creative industies