-Indication of the origin of goods and services
-It helps to distinguish one business form another
-Can come in forms such as brand names, logos, images, words, letters, numbers, symbols, shapes, colours and even sounds.
-Trademarks can be applied for by applications or registration forms (in the relevant class and territory)
-They can last up to ten years however if they are not used they may be revoked after 5 years.
-Trademarks can be applied for by applications or registration forms (in the relevant class and territory)
-They can last up to ten years however if they are not used they may be revoked after 5 years.
Registered trademarks must be-
- capable of graphical representation
-capable of distinguish goods/services
-Distinctive, not merely descriptive
-not contrary to public morality
Often trademarks are copied which would be an action of breaking the terms of law or agreement, this would be called infringement.
Infringement can include:
-Identical mark/ identical goods or services
-Likelihood of confusion
-Trademarks with a reputation-unfair advantage or detriment.
An example of this would be Thomas Pink and Victoria secret. For years and years Thomas Pink has used the word Pink on its products including items of clothing and accessories. Victoria Secret then went onto selling a whole range of clothing, fragrances, accessories with the mark PINK alone in a prominent way. Thomas Pink then went onto contend the acts of Victoria Secret amounted to infringement of it registered trademarks and passing offs. It was concluded that VS infringed Thomas Pinks trademark.
Passing Offs:
-Reputation
-Misrepresentation
-Damage
PATENTS
Protect inventions (product and process)
They must be:
New and Inventive
-New- not anticipated by the prior art anywhere
-Involve and inventive step-not obvious
Capable of industrial
-capable of being made or used in some industry
-Not be one of the excluded inventions
What is a PATENT?
-A national right- granted by individual countries
-A monopoly
-Usually lasts for 20 years
What does a PATENT comprise of?
-Descriptions
Describes the inventions and variations
-Claims
Says what the invention is, set out what is protected by the
patent.
-Drawings(optional)
COPYRIGHT
Protects the expression of creative and artistic works.
Your work is copyright protected if:
-Your work falls within a specified category e.g. literary, dramatic, musical or artistic works, sound recording or film.
-Your work if "original"
Meaning of original
-Skill, effort and judgement
-No requirement for artistic merit
-Has not been copied
-Even derivative works can be original
Copyright is automatic (no need to register)
Copyright allows you to make commercial gain and gives you the right to prevent others from copying your work (infringement)
Infringement of copyright can be:
-copying your work
-Issuing copies to the public
-Renting/lending work
-Performing, selling, playing the work
-Communicating the work
-Adapting the work
Exceptions to copyright:
-Non-commercial research an private study
-Criticism and review
-Reporting current events
-Teaching in school and colleges
Actions to take if you feel you are being infringed:
-License negotiation
-Write to the infringer
-legal action
An example of this would be the designers guild and Russel Williams (2001). The designer guild claimed that Russel Williams Textiles in it's Marguerite design had substantially copied its design. DGL sued RTW for copyright infringement.
DESIGN RIGHTS
-They protect appearance of new products (or parts)- lines, contours, colours, shapes, texture or material (2D and 3D)
-Must be new and have individual character (a different overall impression from existing designs)
-Registered or unregistered
Moral rights:
-works which enjoy copyright protection
-right to be acknowledged as the creator of the work )you need to formally assert your rights), to object against derogatory treatment, false attribution.
-Can be waived but not assigned
-Duration, life of author +70 years
Confidential information:
"Work which is capable of being protected"
Things you must consider when creating ideas:
-Existing trademarks
-Trademark, registration
-Copyright; author, employer if idea generated under employmentConsider origin of inspiration
-Commissioned aspects
-Designs; designer, if commissioned, if employed
0 comments:
Post a Comment