7. Intellectual Property
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Questions and Answers

What is the primary purpose of Intellectual Property law?

  • To establish copyrights for all creative works
  • To reduce the financial benefits of creators
  • To limit competition in the market
  • To provide exclusive rights to creators and incentivise innovation (correct)

    • Which of the following is NOT a component of trademarks?

  • Inventions (correct)
  • Slogans
  • Logos
  • Symbols

    • What is a significant drawback of relying solely on unregistered trademark rights?

  • Unregistered trademarks require official documentation
  • You cannot take legal action against any infringement
  • Uncertainty surrounding their protection and evidentiary requirements (correct)
  • They are permanently protected from all competitors

    • What is a primary benefit of trademark registration?

    <p>It solidifies customer association with the business name.</p> Signup and view all the answers

    What does the letter 'R' inside a circle (®) signify?

    <p>A registered trademark</p> Signup and view all the answers

    Which statement about passing off is accurate?

    <p>It applies when there is a risk of customer confusion over similar trademarks</p> Signup and view all the answers

    Which symbol indicates that a trademark is officially registered?

    <p>®</p> Signup and view all the answers

    What is required for an invention to qualify for patent protection?

    <p>It must be novel, inventive, and have industrial applicability.</p> Signup and view all the answers

    Which of the following is an example of an intangible asset protected under IP law?

    <p>An invention</p> Signup and view all the answers

    What happens if a trademark is not registered?

    <p>It may receive some protection based on common law.</p> Signup and view all the answers

    What is required to establish unregistered rights for a trademark?

    <p>Proof of ownership and/or creation that predates infringement</p> Signup and view all the answers

    What is the legal status of service marks in relation to trademarks?

    <p>Service marks have the same legal protection as trademarks</p> Signup and view all the answers

    Which organization is responsible for granting patents in the UK?

    <p>The Intellectual Property Office (IPO)</p> Signup and view all the answers

    What does the Madrid System facilitate?

    <p>Submission of trademark applications to many countries at once.</p> Signup and view all the answers

    What type of protection does a design right provide?

    <p>Protection for the visual appearance of a product.</p> Signup and view all the answers

    Why is secrecy important in the patent process?

    <p>It protects the potential for patent eligibility by avoiding public disclosure.</p> Signup and view all the answers

    What does copyright protect?

    <p>Original creative works</p> Signup and view all the answers

    Which of the following is true about copyright duration in the UK?

    <p>It lasts for the creator's life plus 70 years.</p> Signup and view all the answers

    How can copyright be established in the UK?

    <p>Automatically upon meeting specific criteria</p> Signup and view all the answers

    What type of information do trade secrets encompass?

    <p>Confidential information providing a competitive advantage</p> Signup and view all the answers

    Which of the following is NOT a requirement for copyright protection?

    <p>The work must be published</p> Signup and view all the answers

    What is the primary difference between copyright and trade secrets?

    <p>Copyright lasts for a fixed term, while trade secrets can last indefinitely.</p> Signup and view all the answers

    What must businesses do to protect their trade secrets effectively?

    <p>Ensure the confidentiality and prevent unauthorized access</p> Signup and view all the answers

    Which type of work is NOT directly covered by copyright?

    <p>Customer lists</p> Signup and view all the answers

    Study Notes

    Intellectual Property (IP) Overview

    • IP refers to legal rights for creative works, products, processes, etc.
    • IP includes inventions, literary/artistic works, symbols, names, images, and designs.
    • IP law aims to recognize creators, incentivize innovation, and foster economic growth.

    Trademarks

    • Trademarks distinguish goods/services of one business from others.
    • They can include names, logos, slogans, packaging.
    • Continuous use can establish unregistered rights but can be uncertain.
    • Registered trademarks provide exclusive rights within specific goods/service classes.
    • Trademarks help prevent marketplace confusion, using names, words, slogans, designs, or symbols.
    • "R in a circle" denotes registered TM, "TM" or "SM" for service marks.
    • Unregistered trademark protection is called "passing off", where someone else could wrongly cause customer confusion. 
    • Proving passing off requires showing ownership, customer association with the name, and harm due to use of name.
    • Trademark registration typically takes 6-18 months and can be done nationally or at a territory level to boost a claim.

    Patents

    • Patents protect inventions not in public domain.
    • Exclusive rights are granted to the inventor for a set time.
    • Secrecy of inventions is key to safeguard patenting potential using Non-Disclosure Agreements.
    • Inventions must be new, inventive, and have industrial applicability to qualify for a patent.

    Designs

    • Design rights protect a product's visual aspects, structure, arrangement, or embellishment.
    • Registered designs provide greater protection than unregistered.
    • Designs must be novel and distinct to qualify for protection.
    • Designs must be kept undisclosed before applying for rights.
    • Copyright protects original creative works (literature, music, films, artistic works, software).
    • Copyright creators are granted reproduction, distribution, and communication rights.
    • Copyright is automatically granted, not registered in UK, and lasts for the creator's life + 70 years.
    • Copyright covers literary works, dramatic works, musical works, artworks, typographical, films, video footage, etc.

    Trade Secrets

    • Trade secrets are confidential information giving a competitive edge.
    • Information can include customer lists, manufacturing processes, formulas, or business strategies.
    • Trade secrets are protected under common law of confidence; not requiring registration.

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    Description

    This quiz covers the fundamentals of Intellectual Property (IP), including its definition, types, and significance in the creative sector. Additionally, it focuses on trademarks, their role in distinguishing goods and services, and the legal implications surrounding their registration and protection.

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