International Intellectual Property Workshop 1

Exam information:
3 hour exam in 2 sections: Part 1 10 MCQ questions with 20% weighting Part 2 Around 4 narrative questions with 80% weighting Print off specimen exams and MCQ feedback on Elite for revision

REGISTERED IPR -Patent; -Trademark; (unreg) -Registered Design Right

UNREGISTERED -Copyright; -Trademark - Design Right (UDR); - Passing off; - Database Right (DR) Prevent copying -Test - Owned by? - Duration

BENEFIT

Monopoly -Test - Owned by? - Duration - Registration [Application +Fee] - Registered? - Test for infringement - Defence? (Should not have being registered as no substance) - Remedies

SUBSTANCE

INFRINGEMENT

- Should subsist (as above) -Defence? - Remedies

*LAW OF CONFIDENCE Nb. Passing off -covers the whole design, whereas Trademark would only cover as an example the name and colour.

IP Structure/Audit:

IDENTIFY ITEMS/FEATURES

IDENTIFY RELEVANT IPRs

TRADEMARK PASSING OFFRIGHTRIGHT

COPYRIGHT

DATABASE

DESIGN

PATENT

DO ITEMS QUALIFY FOR PROTECTION? SUBSTANTIVE OWNERSHIP & DURATION

DEFENCES/INFRINGEMENT INFRINGEMENT REMEDIES [AVAILABLE/APPROPRIATE] *LAW OF CONFIDENCE

Main International Treaties:

PATENT: Patent Co-operation Treaty European Patent Convention single application possible for whole bundle of national ones

REGISTERED DESIGN RIGHT (RDR): Hague agreement - An agreement allowing the filing of a single registration application for industrial designs which covers multiple jurisdictions

REGISTERED DESIGN RIGHT (RDR): Hague agreement - An agreement allowing the filing of a single registration application for industrial designs which covers multiple jurisdictions TRADEMARKS: Madrid Protocol - An agreement allowing the filing of a single Trade Mark application covering multiple jurisdictions TRIPS - An agreement covering a range of intellectual property rights Community Trademark Single EU registration Nice Agreement - An agreement categorising Trade Marks into 45 categories of goods and services

COPYRIGHT: Berne Convention Mutual recognition Universal Copyright Convention

DATABASE RIGHT: Berne Convention Mutual recognition

Task 1:
Rogue Art Limiteds items 1. The name Rogue Art; IP rights available; Registered Trademark Passing off Why rights available; Registered Trademark Represented graphically Distinctive not descriptive Not objectionable on absolute grounds Not to be confused with a 3rd party mark Passing off Stops infringer from selling goods or services by making unfair use of claimants reputation goodwill (common law tort) Protections provided; and Registered Trademark Protects infringements for 10 years Passing off Concerns protection of the get up of goods i.e. packaging & full presentation seen by consumer Steps (if any) required to gain rights Registered Trademark Registration sent to IPO (also possible to file for Community TM and with WIPO) Passing off Arises automatically

2. Logo; IP rights available; Registered Design Right (RDR) Trademark Passing off Copyright Why rights available; Registered Design Right Appearance of object Copyright Prevents copying image of logo Trademark Exclusivity to TM with statutory protection Passing off Protection against unfair imitation Protections provided; and Registered Design Right Monopoly to use 25 years from registration Copyright 70 years from death and for lifetime Trademark Exclusive rights Passing off Goodwill Steps (if any) required to gain rights Registered Design Right Registration Copyright Automatically as soon as the ink has dried Trademark IPO registration Passing off Arises automatically

3. Photo frame; IP rights available; Design Right (registered and unregistered) Why rights available; Registered Design Right Appearance of object Unregistered Design Right Features, shapes, configuration Protections provided; and Registered Design Right Monopoly to use and benefit from design commercially for 25 years Unregistered Design Right Prevents commercial copying of articles for 10-15 years Steps (if any) required to gain rights Registered Design Right Registration Unregistered Design Right Arises automatically

4. Wallpaper pattern; IP rights available; Copyright Registered Design Right (RDR) Why rights available; Copyright Extends to pictorial creation Registered Design Right Appearance of object Protections provided; and Copyright Prevents copying Registered Design Right Monopoly to use and benefit from the design commercially Steps (if any) required to gain rights Copyright Applies automatically and 70 years from death Registered Design Right Registration for 25 years

5. Coffee cup; IP rights available; Copyright Registered Design Right (RDR) Why rights available; Copyright Artistic expression Registered Design Right External appearance Protections provided; and Copyright Prevents copying Registered Design Right Monopoly to use and benefit from the design commercially Steps (if any) required to gain rights Copyright Applies automatically and 70 years from death Registered Design Right Registration for 25 years

6. Image on print; IP rights available; Copyright Why rights available; Copyright Artistic expression Protections provided; and Copyright Prevents copying Steps (if any) required to gain rights Copyright Applies automatically and 70 years from death

7. A new process for treating the companys prints so they do not fade in sunlight; IP rights available; Patent Law of confidence Why rights available; Patent Novel Inventive step Industrial application Law of confidence Cannot be disclosed Protections provided; and Patent 20 year monopoly Law of confidence As long as the information remains secret Steps (if any) required to gain rights Patent Registration Law of confidence Arises automatically