database rights

These rights were introduced in the UK in 1998 in compliance with European Directive 96/9/EC  to provide specific, automatic protection from copying for qualifying databases which were not otherwise entitled to copyright. To qualify for protection, the maker of the database must be resident in the European Economic Area and the database must be a “collection of individual works, data or other materials arranged in a systematic or methodical way” which required a substantial investment in its production. 

The database right in a database expires at the end of the period of fifteen years from the end of the calendar year in which the making of the database was completed.  If substantial further investment is involved in producing a substantially changed or updated version of the database then this new database may qualify for a new term of protection from its completion.

Database rights can be used to prevent unlicensed commercial extraction or reuse of substantial parts of the qualifying database, or alternatively repeatedly extraction or reuse of an insubstantial part.  However, the extent of database right has been interpreted narrowly by the European Court of Justice in November 2004 in the case of British Horse-racing Board v William Hill (see comment by Tom Frederikse of the
the Swan Turton firm of solicitors).

geographical indications

Some places are famous for the products they produce - Parma ham, Stilton cheese, Champagne. These products may be awarded a 'geographical indication' (GI) - it is then unlawful to sell the product if it is not produced in the district of origin by the method traditionally used.

see also:  UKIPO comment and Timesonline article

plant variety rights

Rights awarded to the breeder of a new and distinct plant variety. A plant variety may take ten years of selective breeding to develop. It is new and distinct if it has a different combination of traits from generally known varieties. It must also be uniform (all the seeds in the bag have the same properties) and stable (the variety can be reproduced consistently from season to season). The term of the right may be up to 25 years .The breeder has the exclusive right to multiply and sell seed (bulbs, cuttings, etc) of the variety for planting (anyone may sell seed for consumption). Farmers generally have limited rights to replant seed they have harvested from protected varieties.
 

semi-conductor topography rights (computer chip layouts etc.)

The topography (original design of pattern layout) of semiconductor materials in a semi-conductor product, such as a computer chip, must now be protected following European Directive 87/54/EEC.  In the UK this protection is provided automatically as a particular form of design right which lasts for 10 years from the end of the year in which commercialisation first occurred anywhere in the world.

Note that a range of different IP rights may be associated with the creation of an original Integrated Circuit.  These would range from a copy of the design specifications as a paper or electronic document, timing diagrams etc., a design realisation in the form of hardware description language (HDL) source code or other suitable representations, test data, micro-architecture specification, detailed schematics and other types of representations including circuit layout, testing methodologies and data, net lists, circuit layouts, masks, die specifications, specific design routines and interfaces developed for design implementation, test environments, design and fault detection techniques, scripts written for synthesis, timing analysis and anything that helps system integration.
 

supplementary protection certificates (SPCs)

These are special, national patent-like rights, currently only available for pharmaceutical and crop protection products.  They only come into effect when an earlier patent for the active substance in the product or a process for making the substance has expired.  They were developed as a separate form of IP protection in Europe to compensate for the loss in  patent life caused by the inherent delays in showing safety and efficacy before marketing of a new product can take place.

The SPC protects the active substance within the limits conferred by the original patent. The SPC comes into force at the end of the patent term and extends protection for the product covered by the marketing authorisation.  An SPC has a maximum term of five years but the combined period of market exclusivity from the patent and the SPC may not exceed 15 years from the date of the first approval in a European Union or European Economic Area country, for example Switzerland
 

trade secrets

Offer an alternative to patenting. A patentee has to disclose his invention, so that others can use it when his right expires. Sometimes inventors prefer to keep the details of a process or recipe to themselves (Coca-Cola (TM) is a well-known example). If the possessor of such details takes care to keep them confidential, for example by binding employees by contract not to disclose them and by keeping visitors out of his factory, he will be able to sue anyone who takes the information from him. This right lasts indefinitely - but (unlike a patent) cannot be asserted against someone who develops the same information independently.
 

utility models

These are available for simple, novel inventions and provide similar rights to patents allowing their owners to prevent others from commercial use of the protected item for a limited time, normally up to 10 years from the date they are applied for.  In some countries they are referred to as "petty patents" or "innovation patents".  They are obtained in a similar way to patents by a formal application to a national patent office and receive minimal examination before grant.  They can be of similar commercial value to patents especially where rapid protection is required.  They are not available in the UK or the USA, but may be obtained in many other important markets, including many European countries, Japan, China, Brazil and Australia.

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