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Summary Pre-Module Reading - Commercial Law and Intellectual Property
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Condenses all the reading, lectures and SGS activities to about 30% the original volume. Clear, Concise and Organised.
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PRE-MODULE READING IP Law provides rights to prevent others from making unauthorised use of its IP
o Failure to police own IP = erosion of competitive edge + unprofitability
o Infringement of others IP = damages, legal costs, wasted time and resources
CONCEPTUAL FRAMEWORK – apply to each IPR
SUBSISTENCE & DURATION
Has the right arisen in the first place?
Is a registration regime available for which the thing client seeks to protect qualifies?
IPRs expire after fixed period – is the right in question still in force?
OWNERSHIP
If right subsists, who can claim to own it?
Who is in a position to enforce it?
Is this the original owner or has property been transferred?
INFRINGEMENT
What is the scope of protection afforded by the right?
What acts can the owner prevent a third party from doing?
UNREGISTERED RIGHTS
Copyright and Unregistered Design Rights = automatic, need not + cannot be registered
o Question of fact whether right subsists – answered on case-by-case basis
REGISTERED RIGHTS
Trademarks / Patents / Some product designs = subsist by registration
o Must be applied for and accepted onto register otherwise no rights exist
INTELLECTUAL PROPERTY OFFICE (IPO)
Administers all registers of IP rights in UK
Acts as gatekeeper for admission of rights to register – decides whether app. qualifies
Issues certificate of registration
Makes decisions as to registrability and validity of rights it administers
o Hearing inter-partes disputes – 3rd party sees to revoke/invalidate registered right
DOES NOT have authority of court decision – decisions NOT precedents
DOES NOT hear infringement disputes – these are brought before court
IPO bound by court decisions
IPO decisions merely guidance as to best current views on points of law
EUIPO = IPO’s European counterpart
IP INFRINGEMENTS
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