Action required

Action required

The right cannot be registered.

It is possible to use a copyright symbol {©)

followed by the author's name and date to

indicate that it is intended that the work should

have copyright protection, but it is not necessary

to do this.

Patent

T ype of IP interest Patent

How the interest or right arises

A patent is a territorial right given to the patent

holder lor a statutory period of years. It must be

applied for in each jurisdiction for which protection

is required. In the UK, it may be granted by the

UK Patent Office; in the USA it is issued by the

Patent and Trademark Office.

To be patentable, an invention must:

• be novel, that is, not made public anywhere before the filing date on which the application/ description is submitted for patent;

• be capable of industrial application, that is, use oi application in some kind of industry, for example be a process, a material, or a device;

• result from an inventive step. In the US, the test is to be non-obvious, that is, be something distinctive which could not have been produced by anyone with relatively good knowledge in the relevant area;

• not be an excluded thing 'as such' (Patents Act 1977). For example, it cannot be a discovery, a scientific theory, an aesthetic creation or, in the UK, a business method.

What protection is available?

The invention becomes a property interest

vested in the inventor, which he/she can transfer,

by assignment, to another.

It confers the right to exclude others from

making, using or selling the invention.

The import into the UK of a product with a UK

patent will be in contravention of the patent.

Action required

An application should be filed on the Patent Office before any steps are taken to make the invention public.

A patent application may fail or the grant of a patent can be revoked, that is, removed from the Register in terms of the Patent Acts 1997, if, for example, a successful application is made to the Court in counter-claim on grounds such as:

• the invention is contrary to public policy or morality (for example, human cloning processes) or;

• the person granted the patent does not have entitlement to it.

42.1 Make adjectives from rhe nouns in brackets. Put a stress mark in front of the stressed syllable in
each adjective. Look at A and В opposite to help you.

1 Patent holders have (territory) rights over their inventions.

2 Copyright is a statutory right in an (origin.) work.

3 A number of rights fall within (intellect) property, including copyright, design, patents, and trademarks.

4 To be patented, an invention must have some sort of (industry) use; this might include, for example, in agriculture.

5 Discoveries of elements of the human body arc not (patent).

6 The invention has to be (novelty) and must not have been disclosed before.

42.2 Find four words in A opposite that can be used to make word combinations with 'copyright'.
Then use the appropriate words to complete rhe sentences below.

1 It is essential to identify the first copyright.................................. before determining whether a

particular form of work qualifies for protection.

2 The duration of copyright.................................. is calculated by reference to the author of the

copyright work.

3 Copyright.............................. in product design and in the presentation of merchandising for

products like toys and cosmetics.

42.3 Complete the definitions. Look at A and В opposite to help you.

1........................... - a property right that subsists in certain tangible creative works

2....................................................... - a right that exists as soon as a work rhat can be protected by

copyright is created in material form

3.......................... - the transfer of IP righrs from rhe owner of the rights to another person or

organisarion

4....................................................... - having a fixed material existence

5.......................... - the right to own a patent

6....................................................... - the date on which the full description of an invention is

formally applied for

7....................................................... - the criterion for assessing whether an invention is not an

obvious development of what has been done before, in rhe judgement of someone who is skilled in rhe relevant area

8.......................... - not having been disclosed anywhere else in the world before

9.......................... - the capacity of an invention to meet the criteria set by statute in order for an

application to be granred

12.4 Choose rhe correct phrase in brackets to complete the sentences. Look at A and В opposite to
help you.

1 The Act generally gives the owner of copyright (the right to exclude / exclusive rights / excluding rights) to reproduce the copyrighted work and to perform the work publicly.

2 I he patent gives (the right to exclude / excluding rights to / exclusive rights to) others from importing rhe invention.

What is not patentable in a jurisdiction you are familiar with? How may copyright be enforced?

For information about the Patent Office in the UK, go to: www.patent.gov.uk/; for the US Patent and Trademark Office, go to: www.uspto.gov/web/offices/.

Trade marks, domain names, and remedies for IP infringemen

Trade marks and domain names

Trainees at a law firm have been asked ro help prepare a section on Intellectual Property (IP) law for the monthly e-newsletter circulated to clients. Some of their preparatory notes are below.

Type of IP interest Trade mark

How the interest/right arises

A trade mark, or mark, needs to be registered at the

Patent Office to be protected. A trade mark is territorial.

It can be a sign including words, symbols, or pictures,

or a combination of all these elements. Its function is to

represent the goods graphically and distinguish them

from other goods. It is essentially a badge of origin

enabling customers to recognise a brand.

A service mark is the same as a trade mark but it

identifies the source of a service.

What protection is available? To be capable of registration, a trade mark must be original and sufficiently distinctive from any other marks for the same or similar goods or services. The mark roust be specific to the goods or services to which it is to apply and

must not be misleading or contrary to law or morality.

In the UK, a trade mark can be enforced to protect the mark's proprietor under the Trade Marks Act 1994, which implements the EC (European Community) Trade Mark directive. Action required

Application to the Trade Mark Registry at the UK Patent Office for a national trade mark; or for a CTM (Community Trade Mark) valid throughout the EU (European Union), to OHIM (the Office for Harmonisation in the Internal Market - Trade Marks and Designs); or to the Patent and Trademark Office for granting of a trademark in the USA. Not all trade marks are registerable, for example where the shape results from the nature of the goods, such as an umbrella.

The mark may be licensed for authorised use.

BrE: trade mark; Amfc: trademark

Ty pe ol IP interest Domain name

How the interest/right arises

Domain names are unique Internet addresses which

distinguish one computer from all others connected to the

Internet, for example google.com

Top level domains (TID) include two letter country

codes (ccTLD) such as.uk and jA. Generic TLDs (gTLD)

include.com,.org,.biz, and.coop. Below these are the

second level domain names, for example 'McDonalds' in

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