Handout to accompany IP North West's presentation to Freerange Artists Carlisle.

1. Introduction to Intellectual Property
Carlisle, 8 March 2010
10:30 – 13:30
Jane Lambert
Barrister
NIPC
0800 862 0055
jane.lambert@nipclaw.com
www.nipclaw.com
Intellectual Property Basics
Patents Monopolies of new inventions which may be products or processes: granted for
up to 20 years by the IPO for the UK alone or for the UK and other European
countries EPO as a reward for teaching how to make or use the invention.
They are the very opposite of trade secrets which are protected by the law of
confidence.
Trade Marks Signs such as names, logos, initials, numerals or other indicators that
distinguish the goods or services of one undertaking from those of all others.
They may be registered for specified goods or services with the IPO for the UK
alone or with OHIM for the whole EU including the UK. Trade marks registered
for the EU are known as Community trade marks. Trade marks may also be
protected by the law of passing off.
Registered The appearance of the whole or part of a product may be registered for up to
Designs 25 years with the IPO as a “registered design” for the UK or with OHIM as a
“registered Community design” for the EU including the UK if it is new and has
individual character. Designs that could have been registered as registered
Community designs are protected from copying for up to 3 years as
“unregistered Community designs”.
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2. Unregistered The right to prevent an article or part of an article from being made to an
Design Right original design. “Design” for these purposes means aspects of shape or
configuration of an article or part of an article. Unregistered design right
subsists only in the UK. It lasts for 10 years from the date articles made to the
design are first marketed or 15 years from their creation.
Copyright The right of to prevent the reproduction, publication, communication, renting,
lending or adaptation of an original artistic, dramatic, literary or musical work, a
broadcast, film, sound recording or typographical arrangement of a published
work. The right subsists for various terms depending on the nature of the
work. For instance, an artistic, dramatic, literary or musical work lasts the life
of the author (which term includes artist, composer or dramatist) plus 70 years.
Rights in The right of an actor, dancer, musician, singer or other performer (or of his or
Performances her broadcaster, film or recording studio) to prevent the broadcast, filming or
taping of a live performance whether on the stage or in the studio.
Law of The right of a person who discloses sensitive secret business, technical or
Confidence personal information (such as a “trade secret”) to another in confidence to
prevent the misuse or further disclosure of such information for so long as the
information remains secret.
Passing off The right of a trader to prevent a competitor from misrepresenting his goods,
services or businesses as those of the original trader by using the same or
similar trade mark, trade name or other indicator.
How to Acquire these Rights
Some of those rights arise spontaneously when particular conditions occur. These include:
 Copyrights
 Unregistered Design Rights
 Rights in Performances
 Unregistered Community Designs
 The right to bring an action for breach of confidence, and
 The right to bring an action for passing off.
Some of these rights arise from statute such as copyright, unregistered design right and rights in performances
which were established by the Copyright, Designs and Patents Act 1988.
Others have to be registered either at the IPO, the EPO, OHIM or some other national or regional intellectual
property office.
Rights that have to be registered with the IPO include:
 Patents
 Trade Marks, and
 Registered Designs.
European patents are registered with the EPO pursuant to the European Patent Convention.
Community trade marks and registered Community designs are registered with OHIM pursuant to the Community
Trade Mark Regulation and the Community Design Regulation.
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3. Useful Services
Intellectual Property Offices
British http://www.ipo.gov.uk
European Patent Office http://www.epo.org
OHIM (CTM and RCD) http://oami.europa.eu
USA http://www.uspto.gov
Japan http://www.jpo.go.jp
Chinese http://english.sipo.gov.cn
South Korea http://www.kipo.go.kr
WIPO http://www.wipo.int
Patent Information Units
British Library, IP & Business http://www.bl.uk/bipc
Newcastle Central Library http://www.bipcnewcastle.co.uk
Leeds Central Library http://www.businessandpatents.org
Help for Inventors
NIPC Inventors Club http://www.nipc-inventors.co.uk
Clinic
NIPC Clinics http://www.nipc-clinics.co.uk
Funding
Community Development http://www.cdfa.org.uk
Finance Association
Enterprise Answers http://www.enterpriseanswers.co.uk
NW Business Angels http://www.nwbusinessangels.co.uk
IP North West
Website http://www.ipnorthwest.co.uk
Blog http://ipnorthwest.blogspot.com
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4. Your Notes
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