A guide to IP
Mar 23 2005
There are four main types of intellectual property (IP) – patents, trade marks, designs and copyright. They are protected respectively under the Patents Act 1977, the Trade Marks Acts 1994, the Registered Designs Act 1949, and the Copyright, Designs and Patents Act 1988 and supplementary legislation. Barry Franklin, of Rhodes Franklin Consulting, has outlined the following guide to IP.
Patents These are registered rights lasting for up to 20 years granting inventors protection against others making, using or selling their inventions without their permission. They are concerned with products and processes containing new technical or functional elements. Most patent applications are for incremental improvements in existing technology – i.e. evolution rather than revolution.
Trade marks A trade mark is defined as ‘any sign which can distinguish the goods and services of one trader from those of another’. A sign can include logos, words, pictures, or a combination of these. Trade marks may be registered to protect brand identity and can be renewed indefinitely, for so long as the annual fees are paid. The symbol ® is used to signify that a trade mark has been registered. The symbol ™ is used to show that the mark is your trade mark but may not have been registered.
Designs A registered design is defined as ‘a monopoly right for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation’. It protects the outward shape and appearance of a product. Registration of a design can last for up to 25 years, and even where the design is not registered, the designer may still gain some protection.
Copyright Copyright is an unregistered right which provides protection for creators of certain types of material (authors, artists and composers). It comes into effect as soon as the material to be protected is created and lasts for the life of the creator plus 70 years. Works that copyright protects include original literary works, manuals, computer programs, lyrics, newspaper articles, original dramatic and musical works, all forms of original artistic works and technical drawings, sound recordings, films and broadcasts. The method of establishing precedence in copyright by posting the material to yourself is often used with the added security of registered mail. The objective is simply to gain an unopened, date-franked package as proof in the event of the copyright being contested.
The whole subject of intellectual property can be quite complex, particularly where there is need for protection outside the UK, so Franklin recommends that you seek professional advice. More information is available on the UK Patent Office website – www.patent.gov.uk
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(24/3/05)