Show Menu
Cheatography

IP Cheat Sheet (DRAFT) by

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.

Innovation

 

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
 

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.
 

Brands

 

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