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IP and its protection: what is it?

general

Intellectual property (IP) is the general term for the "property" generated or associated with some form of human mental or intellectual activity.  It includes inventions, designs, literary and artistic works, technical drawings, specialist know-how, business good-will etc.  IP is usually encountered in the legal arrangements provided to protect it - IP rights - such as patents for inventions, trademarks for products and services, copyright for original literary and artistic works, registered designs for the shape or appearance of product etc.

patents

Patents provide legally enforceable rights granted by individual countries for a new invention.  They give the owner the right to stop other people from making or using the invention for a limited period - typically 20 years from the date of applying for a patent.  It is most important not to disclose any details of an invention except in confidence before a patent application is filed or else the newness (novelty) of the invention will be destroyed and it will then be unpatentable.   In the UK and Europe, patents can only be obtained for inventions which may have some industrial application although industry is widely interpreted; as a result,  artistic works, mathematical models, plans, schemes and the like cannot themselves be patented.  In order to obtain a patent, a detailed description of the invention and how it can be made and operated must be supplied.  This description is published normally 18 months after the patent application is filed. 

trademarks

Trademarks are distinctive signs or symbols - including names, logos, shapes, colours, odours and sounds - applied to the owner's products or services which distinguish them from products or services provided by competitors.  They do not need to be officially registered but registration makes it easier to prevent competitors from copying or damaging your trademarks. The main requirements for registration are that the trademark is distinctive for the products or services involved and that the trademark is not the same or similar to an earlier trademark for the relevant products or services.  In the UK a trademark registration can continue in force indefinitely if renewal fees are paid every 10 years.

designs

Designs protect the external appearance and impact on the eye of articles.  They do not give any protection for technical aspects such as how the article is made or used. They include new patterns, ornaments and shapes applied to objects which can be produced commercially.   To be officially registered, designs need to be original and distinctive and protection from copying the design can then last for up to 25 years.  Artistic aspects of designs may also be protected by copyright.   In the UK original designs are protected automatically by a design right lasting up to 15 years.

copyright

Copyright protects the original expression of ideas, not the ideas themselves. It exists automatically in original creative or artistic works and give the owner the right to stop unauthorised copying.

other IP rights

These include supplementary protection certificates, utility models, trade secrets,  performer’s rights, database rights, plant variety rights and rights to geographical indications and to the layout of computer chips etc.  Not all of these IP rights are available in all countries.

get professional advice

The information about IP rights in this website is given in good faith in generalised form for guidance purposes and must not be relied upon as legal advice.  You are advised to seek appropriate professional assistance whenever you need specific advice on IP matters and especially in commercial situations. 

useful resources for IP awareness

IPAN has selected various web based materials which may be useful in raising awareness and understanding of different aspects of IP and their protection

 

page last amended: 07 Dec 2009


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