Other Rights
Copyright
Copyright is a right that arises automatically upon the creation of a qualifying work. The types of work that most commonly qualify for copyright are literary, dramatic, musical and artistic works, although copyright can vest in other types of work such as typographical arrangements.
As copyright is a right that arises automatically there is no need to register for copyright protection in the UK (although it is recommended that copyright is registered in the US).
Normally copyright lasts for 70 years after the death of the author, although this period can be different depending on the nature of the work and the purposes for which it is used.
Copyright is what it says it is, a right to prevent other people copying the work. In this way it differs from patent, trademark and registered design protection, which provide exclusive rights. This means that if someone produces a similar work to a copyright work independently, the copyright cannot be enforced against them, as they haven’t done any copying. In contrast, if someone independently produces a similar design to a registered design, the owner of the registered design may be able to enforce rights in the registration.
Therefore, if you produce a work that could qualify for patent, trademark or registered design protection, you are almost always in the strongest position if you seek one of these forms of registered protection.
We are often asked about the benefits of sending a work to yourself by special delivery post, and leaving the envelope unopened. There is one reason that this can be useful, and that is to demonstrate that you had produced the work by the date of mailing.
We are able to advise on exploitation and enforcement of copyright. Please contact us for a free consultation.
Unregistered Design Rights
In the two types of unregistered rights in designs exist, one from UK Statute and one from European law.
1. UK Design Right
Like copyright, UK design right arises automatically, and provides protection for the internal or external shape or configuration of an original design. The design right does not protect any two-dimensional aspects of the design, such as texture or pattern, but these aspects may be protected by EU unregistered design right or by copyright.
UK design right lasts 15 years from creation of the design or 10 years from first marketing of products made to the design, whichever period expires earlier.
Like copyright, UK design right can be used to prevent third parties copying the design, but does not provide exclusive rights to use of the design.
2. Unregistered Community Designs
Unregistered Community design right is an automatic right that protects the overall appearance of a product, in particular the lines, contours, colours, shape, texture or materials of a product. For unregistered design right to exist the design must be new and have individual character when the design is first made available to the public.
The right lasts for three years from the date the design is first made available to the public.
Like copyright, unregistered Community design right can be used to prevent third parties copying the design.
We are able to advise on exploitation and enforcement of both UK design right and unregistered Community design right. Please contact us for a free consultation.
Confidential Information
When one party divulges information to another party and there is an explicit or implicit duty of confidence then the receiving party can be prevented from further communication of that information under the law of breach of confidence.
Confidentiality agreements are often used in the initial stages of commercial transactions. For example, if you wish to disclose your invention to a potential manufacturer.
We are able to assist you with confidentiality agreements and any questions you may have on breaches of confidence.
Miscellaneous Rights
Other intellectual property rights exist such as plant variety rights, database right, semiconductor topography rights and supplementary protection certificates (that extend the life of a patent). For more information on these please contact us for a consultation.
As copyright is a right that arises automatically there is no need to register for copyright protection in the UK (although it is recommended that copyright is registered in the US).
Normally copyright lasts for 70 years after the death of the author, although this period can be different depending on the nature of the work and the purposes for which it is used.
Copyright is what it says it is, a right to prevent other people copying the work. In this way it differs from patent, trademark and registered design protection, which provide exclusive rights. This means that if someone produces a similar work to a copyright work independently, the copyright cannot be enforced against them, as they haven’t done any copying. In contrast, if someone independently produces a similar design to a registered design, the owner of the registered design may be able to enforce rights in the registration.
Therefore, if you produce a work that could qualify for patent, trademark or registered design protection, you are almost always in the strongest position if you seek one of these forms of registered protection.
We are often asked about the benefits of sending a work to yourself by special delivery post, and leaving the envelope unopened. There is one reason that this can be useful, and that is to demonstrate that you had produced the work by the date of mailing.
We are able to advise on exploitation and enforcement of copyright. Please contact us for a free consultation.
Unregistered Design Rights
In the two types of unregistered rights in designs exist, one from UK Statute and one from European law.
1. UK Design Right
Like copyright, UK design right arises automatically, and provides protection for the internal or external shape or configuration of an original design. The design right does not protect any two-dimensional aspects of the design, such as texture or pattern, but these aspects may be protected by EU unregistered design right or by copyright.
UK design right lasts 15 years from creation of the design or 10 years from first marketing of products made to the design, whichever period expires earlier.
Like copyright, UK design right can be used to prevent third parties copying the design, but does not provide exclusive rights to use of the design.
2. Unregistered Community Designs
Unregistered Community design right is an automatic right that protects the overall appearance of a product, in particular the lines, contours, colours, shape, texture or materials of a product. For unregistered design right to exist the design must be new and have individual character when the design is first made available to the public.
The right lasts for three years from the date the design is first made available to the public.
Like copyright, unregistered Community design right can be used to prevent third parties copying the design.
We are able to advise on exploitation and enforcement of both UK design right and unregistered Community design right. Please contact us for a free consultation.
Confidential Information
When one party divulges information to another party and there is an explicit or implicit duty of confidence then the receiving party can be prevented from further communication of that information under the law of breach of confidence.
Confidentiality agreements are often used in the initial stages of commercial transactions. For example, if you wish to disclose your invention to a potential manufacturer.
We are able to assist you with confidentiality agreements and any questions you may have on breaches of confidence.
Miscellaneous Rights
Other intellectual property rights exist such as plant variety rights, database right, semiconductor topography rights and supplementary protection certificates (that extend the life of a patent). For more information on these please contact us for a consultation.