Unit 50-LO3 Evaluate the key provisions relating to intellectual property rights-BTEC-HND-Level 4 & 5

Course: Pearson BTEC Levels 4 and 5 Higher Nationals in Business

Intellectual property laws are important. If you have intellectual property, people will copy it without your permission. But they can’t do this if you take legal action against them. To start, you should be aware that there are different types of intellectual property rights such as:

  • Author or creator of information
  • Owner of content
  • Owner of a patent
  • As a competitor

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Also Read: Recommend appropriate legal solutions based upon relevant legislation, case law, and regulations

Intellectual Property:

What constitutes intellectual property

The law defines intellectual property as any original or creative work that’s legal.

Intellectual property refers to the protection of intangible assets like a clothing design, computer software, or, more commonly, literary expression. Intangible assets also include trademarks and copyrights. Intellectual property law is a system that helps authors get what they want. It can help you get creative ideas or protect your own.

What is intellectual property law?

Intellectual property law is the law that relates to things, like words, that are not physical. This is different from other types of laws because it also includes things like an idea or word.

For something to qualify as intellectual property, it must have been discovered and developed through hard work and insight. This includes the most obvious type of IP, like patented inventions and original artistic creations.

In addition, anything that has not yet been made public can be considered intellectual property by being original literary expressions such as poems and novels; designs for clothes or buildings; unpatented inventions; trade secrets like formulas for making syrups or cheese; and even symbols used by governments.

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Registration of patents, designs, and design rights, trademarks and copyright is the responsibility of a patent office. The United Kingdom Patent Office (UKPO) can be found in Glasgow Scotland. The European Union Patent Office is located in Alicante Spain which was established by the European Parliament with regulation 1257/2012 and started operations as a full training institute on January 1st, 2014. There are also offices based in Munich Germany, Paris France, Berlin Germany, Rome Italy, and Luxembourg.

How to manage effectively intellectual property rights

To manage your intellectual property rights effectively, you should register your IP with different private and public agencies like the US Copyright Office.

What’s key to managing your intellectual property rights is to buy a domain spelling either “copyright” or “copyrights.” This can be easily done by getting Domain Now for a low price. You can renew annually or monthly – and that registration will cover any of those terms. So if another party were to claim they owned the copyright in one of your images, either at some point during ownership but after the date on which you had registered copyright for it, or as soon as they see mention that it’s been published by you on social media even before they have made their own claim and are infringing by making use of it, this would be a valuable point to raise.

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The law in practice

The law in practice is a reflection of social norms. And we move in the direction of shared norms as a society. Much like how, when drivers first made the switch from driving on the left side of the road to driving on the right as was standard in America, it wasn’t mutually accepted by everyone or peaceable for some time.

Like anything else and any new idea, it takes time and adjustment to effect culture change but our society has matured over centuries into an understanding that laws are really about protecting our citizens.

Patents:

Patent legislation, patent rights, inventions, patents, and employees

Patent Legislation:

The invention is the movement of an idea from conception to manifestation. It is helpful to understand that inventions have three phases: Conception, reduction to practice (also called invent by reducing), and then public disclosure or publication. The first one needs to be kept protected from third parties, so it’s best if it’s done in a laboratory setting with only those who are directly involved working on it.

Patent Rights:

In exchange for the rights to your invention, you need to share the details of what it is and how it works. Sometimes people call this kind of patent a “limited disclosure” or “royalty-free licensing”.It is also worth noting that this is not a requirement and patents can be filed without the immediate publication of their technical specifications.

Inventions:

The files you attach with your application must include drawings, models, or photographs and calculations, etc outlining how the invention works. The person who created the idea owns the knowledge. But those working for him/her may apply for a patent on their own, but only if they worked on the idea from the beginning. If they do this, they will get money when someone patents it or makes money off of it.

Patents:

Patents are unique to each country. It has an expiration date. If you want to extend it, make sure you ask for it before the expiration date and pay the fee. You may get extra time if there is a grace period in your country.

Employees:

If someone invents something while they work for you, the inventor can make their own patent. They will not share the invention or get any money from it. But they can rely on your company’s patents as part of an employment agreement and/or contract.

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Trademarks and business names:

Defining trademarks, applying to register a trademark, registering business names

Trademarks are the distinguishing signs of your goods and services. When you want to protect a trademark, other people cannot use it. It can cause confusion between the buyers and consumers.

A registered trademark provides sui generis protection which confers an absolute monopoly in a particular class or category. The government has different levels of goods and services. You can’t know if your product or service is registrable until you file it.

Different trademarks need different shapes, colors, and sounds so they are easily recognizable. These factors differ depending on claims concerning geography, word/picture content, duration (duration), differences between actual possible confusion versus probable confusion.

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