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IP and its protection: what is it?
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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.
It is commonly encountered in the legal arrangements provided to protect
it, 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.
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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.
They can only be obtained in the UK and Europe for inventions which can
be applied in an industrial context - that is 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.
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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.
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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.
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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.
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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.
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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.
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page last amended:
12 Jun 2008
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