26th April is World Intellectual Property Day.
The day is organised by the World Intellectual Property Organization (“WIPO”) to raise awareness about the importance of intellectual property (“IP”) rights. WIPO s a United Nations agency that promotes and protects IP worldwide.
What is IP?
WIPO defines IP as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”. IP is an intangible right and includes copyright, designs, trade marks and patents.
What is copyright?
Copyright recognises the skill used by an author in creating a work. Copyright is, put simply, a right to copy a work which the author may grant to a third party. Copyright arises automatically on creation, provided that a work is not copied and is sufficiently original. In the UK and Europe, there is no requirement to register copyright. The general rule is that UK copyright lasts for the life of the author plus 70 years.
What is design right?
Design rights protect the shape, configuration or appearance of the whole or part of a product or article. A design may comprise three-dimensional features, such as the shape or surface of an article or two-dimensional features such as surface decoration, patterns or colour. To qualify for protection, a design must be new and original.
What is a trade mark?
A trade mark is a sign used to distinguish the goods and services of an organisation from those of another. Put simply, a trade mark enables consumers to identify goods or services as originating from a particular company or relating to a certain product or service. Trade marks can be registered in the UK, the EU or worldwide. It is also possible to protect rights in unregistered trade marks, i.e. those which have not been registered under the law of passing off.
What is a patent?
A patent protects certain types of technical innovations. Patents do not cover information or what things look like which might instead be protected by trade marks, copyright or design rights. A patent is a document which sets out the invention and is registered at an Intellectual Property Office in the United Kingdom or in patent office in a particular country.
Talk to our team
If you would like to understand more about IP rights and how this impacts your business please contact us. Our team can assist you with protecting your intellectual property rights or helping you defend your rights if they have been infringed by another party.
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