Cheatography
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Intellectual property law overview
This is a draft cheat sheet. It is a work in progress and is not finished yet.
What is intellectual property?
Intellectual Property Law is the legal right assigned to your ownership of mental labours. |
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Patent
Contains-
1. Abstract
2. Detailed description
3. 1 or more Claims |
"freedom to operate"
Must be new |
Can't patent something that already exists |
Involve an inventive step |
cannot be obvious to skilled person |
Capable of industrial action |
sold or applied in workplace |
Trade Secrets
Force contractually that people cannot share information e.g. NDA and Law of confidentiality |
Trade Secrets
Pros |
Cons |
No registration |
Once secret out cannot enfoce against others not in contract |
Manufacturing kept secret |
Patents are stronger |
Lasts indefinitely |
Doesnt protect against others doing the same thing |
Not exposed to competitors |
General duties
2. General duties of employers to their employees.
3. General duties of employers and self-employed to persons other than their employees.
4. General duties of persons concerned with premises to persons other than their employees.
5. General duty of persons in control of certain premises in relation to harmful emissions into
atmosphere.
6. General duties of manufacturers etc. as regards articles and substances for use at work.
7. General duties of employees at work.
8. Duty not to interfere with or misuse things provided pursuant to certain provisions.
9. Duty not to charge employees for things done or provided pursuant to certain specific
requirements
Other -
Not affect non employees
In charge of premises - best practice prevent emission
Cannot interfere with safety
Employer cannot charge you for things required for safety |
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Documents, software, drawings and data
Copyrights
Protects written and artistic materials from being copied or disseminated
It is Automatic - moment you right or record it copy right comes into existence
Includes -
- Literature, photography, music, art
- software, wed content
- sound and music recording
- film tv or broadcast
- layout of published work |
Design rights
Physical appearance of the physical product - functions from a non technical perspective |
Database rights
1)In this Part "database" means a collection of independent works, data or
other materials which--
a) are arranged in a systematic or methodical way, and
b) are individually accessible by electronic or other means.
2. and only if, by reason of the selection or arrangement of the contents of
the database the database constitutes the author's own intellectual
creation. |
H&S inspectors
After the inspector has finished looking round your workplace, they might:
• offer advice (either verbal or in writing);
• give you a notification of contravention;
• give you an improvement notice;
• give you a prohibition notice;
• or prosecute you for breaching health and safety laws. |
H&S inspectors
After the inspector has finished looking round your workplace, they might:
• offer advice (either verbal or in writing);
• give you a notification of contravention;
• give you an improvement notice;
• give you a prohibition notice;
• or prosecute you for breaching health and safety laws. |
Why use Design rights
- Quick to register
- no long review
- Don't have to keep using to keep rights
- register many variants of one design e.g. colour etc. |
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Trade marks
Identify the origin of goods and services
About creating a brand identity + reputation
Protects consumers from fakes and inferior quality
R = registered trade marks - 45 diff classes reviewed every 10 years
To register a trade mark it must be:
• A sign
• Capable of being represented graphically
• Capable of distinguishing goods and services
• Not descriptive and not customary
TM passing off - protect a brand from use by competitors |
IP
Statutory |
Common |
Patents |
Trade secrets |
Copyright |
Passing off |
Design rights |
design rights |
Trade marks |
Data base rights |
Health and Safety at Work etc. Act 1974
Three important principles of the Act:
• General duties
• Duties of employers
• Duties to Non-Employees
• Duties of Employees at Work
• The Health and Safety Executive
• with powers to enforce legislation
• Health and safety regulations and approved codes of practice
• Powers for the, now, Department of Work and Pensions to create detailed
legally binding regulations to cover particular hazards (delegated legislation)
• Approved codes of practice |
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