Podcast
Questions and Answers
What can an owner of intellectual property (IP) do with their rights?
A registered trademark can be transferred by operation of law in the same way as other personal property.
True
What is a key strategy for protecting intellectual property?
Conducting Audits
A patent or application for a patent is classified as __________ property.
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Match the following IP types with their corresponding acts:
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Which section of the Trade Mark Act requires that the granting of security must be registered?
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An injunction can only be granted if the plaintiff's case is very strong.
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What is the primary purpose of the damages awarded in infringement cases?
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A license may be granted under any patent for working the invention which is the subject of the patent or the application according to section _____ of the Patents Act.
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Match the following legal principles with their respective acts:
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Study Notes
Dealings and Enforcement of Property Law
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Overview:
- IP rights can be used in various ways, including development, sale, sharing, licensing, and securing.
- Key IP subjects discussed: Copyright, Patents, Trademarks.
- The owner of IP can develop works/products, sell or share them, and authorize others not to use them.
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Key Questions:
- Validity of existing IP rights.
- Database checks to verify IP rights (e.g., trademarks).
- Ensuring requirements for IP are met.
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Strategies for Protecting Intellectual Property (IP):
- Conducting periodic IP audits is crucial for effective management.
- WIPO IP audits assess intellectual property.
- Drafting strong IP agreements and contracts secures rights.
- Creating robust IP portfolios strengthens a business.
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Copyright:
- Copyright, Designs, and Patents Act 1988:
- Copyright can be transferred by assignment, testamentary disposition, or operation of law (personal/movable property).
- Copyright transfers can be partial.
- Copyright, Designs, and Patents Act 1988:
Patents
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Patents Act 1977:
- Patents (and applications) are incorporeal moveable property.
- Assignments/licenses can grant rights to the recipient.
- Compulsory licenses can be granted after three years (or a prescribed period) from patent grant date, based on 'relevant grounds'.
Trade Marks
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Trade Marks Act 1994:
- Registered trademarks are personal property (Scotland: incorporeal moveable property).
- Trademark transfers can happen through assignment, testamentary disposition, or operation of law.
- A registered trademark can be subject to a charge (Scotland: security).
- Trademarks can be licensed.
Assignment/Assignation in General
- Registered rights should be recorded.
- Important to track ownership over the years.
Seeking/Granting a Licence
- Exclusive and non-exclusive licences can be granted.
- Various types of licences exist.
Securitise
- Trademarks Act 25(2)(c): Security (e.g., fixed/floating) must be registered.
- Patents Act: special arrangements for patents in Scotland.
Enforcement
- Orders to stop: Interim/permanent injunctions/interdicts.
- Orders to pay: Damages (compensatory) or account of profits (discretionary equitable remedy).
- Courts can order infringing goods to be destroyed, forfeited, or returned to the rightful owner.
Alternative Dispute Resolution
- Future disputes: WIPO arbitration clauses for resolving disputes.
- Existing disputes: WIPO arbitration agreements are used to resolve pre-existing disputes.
Summary
- Deals with understanding IP types and rights, product development, assignments, licenses, security and enforcement.
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Description
This quiz covers the essential aspects of property law, focusing on intellectual property rights, including copyright, patents, and trademarks. Explore key strategies for protecting and managing IP, such as conducting audits and drafting contracts. Test your understanding of IP validity and the requirements needed to safeguard intellectual property.
