SOURCE: hlw Commercial Lawyers
COPYRIGHT
WHAT: Protection for most original literary (including software code), dramatic, and musical works; artistic works (photographs, sculptures, works of architecture or craftsmanship); published editions; databases. Line between the protection of work and the protection of underlying idea is often challenged.
WHEN: The right exists as soon as the work is recorded in physical form. No formal registration process required, but some advantages in using the © symbol.
DURATION: Most attract 70 years' worth of protection from the end of the year of the creator's death. Computer generated works, broadcasts and sound recordings are protected for 50 years; published editions, 25 years. The trigger date for films is complex.
RIGHTS: The copyright owner has the exclusive right to copy the work, and to issue copies to the public, to adapt it (including translations) and to perform it in public. The owner may grant licenses to others to use the work. The creator is normally the first owner, unless the creator is an employee (and the work is made in connection with that employment contract) or the creator agrees with the commissioner for ownership to be assigned.
STOPS: others copying (directly or indirectly) a substantial part of a work; or importation or sale of infringing works if the infringer knew of the breach). Definition of 'substantial' is complex.
MORAL RIGHTS
WHAT: Protection of the reputation of the creator of a copyright work, or (from 01 February 2006) that of a performer.
WHEN: From date of creation. No registration, but rights may need to be formally 'asserted'.
DURATION: Similar to copyright, but some rights are shorter, others can be varied.
RIGHTS: The right to be names as the author/director/performer of a work and the right to object to the derogatory treatment of the work.
STOPS: Other people disregarding these rights.
RESALE RIGHTS – (Draft legislation – not yet in force)
WHAT: Protects a work of graphic or plastic art such as a picture, collage, painting, drawing, engraving, print, lithograph, sculpture, tapestry, ceramics, item of glassware or photograph (and perhaps jewellery, furniture etc since the defined list is not exhaustive).
WHEN: The same as copyright. No registration (but royalty is collected via collection society).
DURATION: Same as copyright.
RIGHTS: The right to a royalty (payable by buyer) from the sale price if an original work is sold using an art market professional. Small value sales are excluded, as are those by deceased artists (until 2010 or 2012). If buyer does not pay, then can claim from professional.
STOPS: Valuable resale of work without the artist receiving some payment.
DATABASE RIGHTS
WHAT: Protects a systematic collection of independent works, data or other material.
WHEN: After an investment in obtaining, verifying or presenting database contents.
DURATION: 15 years from end of month in which database completed.
RIGHTS: Database maker has monopoly use of database.
STOPS: The re-use or extraction of substantial part of database
CONFIDENTIAL INFORMATION / KNOW HOW
WHAT: Information that is confidential.
WHEN: Automatic, but good practice to enter into a confidentiality agreement.
DURATION: As long as information remains confidential.
RIGHTS: The right for the information to remain secret.
STOPS: Others using the information.
DOMAIN NAMES
WHAT: Internet addresses.
WHEN: On registration with the relevant registrar (normally first come first served).
DURATION: Check on registration – normally two years for uk names.
RIGHTS: Monopoly use of the internet address.
STOPS: Others using that address.
TRADE MARKS
WHAT: A sign capable of being represented graphically that distinguishes goods or services from those offered by others. Can include a name, logo, shape, colour, sound or smell.
WHEN: Limited rights available once mark starts to be used, but best protection obtained on registration. Indicate unregistered by tm and registered by ®.
DURATION: Unregistered, as long as mark is used, registered, as long as registration is renewed every 10 years. Note registration is geographic.
RIGHTS: Unregistered: To stop anyone confusing customers by using the same or similar sign in connection with the same or similar goods (known as passing off). Registered: Right to stop anyone using the mark without permission.
STOPS: Market place confusion.
UNREGISTERED DESIGN RIGHTS
WHAT: Original aspect of shape or configuration (not surface decoration), including technical and functional designs, but not those that are commonplace or those that "must fit" or "must match".
WHEN: Design is recorded in a design document or an article is first made to that design.
DURATION: Arises automatically, and can last up to 15 years.
RIGHTS: Exclusive right FOR COMMISSIONER to reproduce the design for commercial purposes.
STOPS: Copying (but might be forced to licence in last 5 years).
REGISTERED DESIGN RIGHTS
WHAT: Any new feature of shape, configuration, pattern or ornament, colour, texture or material applied to an article that has individual character. Includes packaging, fonts etc.
WHEN: From registration (must not have been shown to the public for over 12 months). Commissioner may be first owner.
DURATION: Up to 25 year from registration (with compulsory licences). Registration is geographic.
RIGHTS: Right to exploit the design and to grant licences.
STOPS: Others from making, selling, importing and exporting products incorporating the design.
PATENTS
WHAT: Invention of a product or process if it is novel, involves an inventive step and is capable of industrial application.
WHEN: Once registered (must remain novel until date of application).
DURATION: 20 years from registration. (Worldwide registrations are possible under the Patent Co-Operation Treaty).
RIGHTS: Monopoly over the manufacture, sale, import of products and processes patented.
STOPS: Unauthorised use.
Intellectual Property Rights