Intellectual Property basics

We have curated useful information below to explain more about the distinction between various IP rights in the UK, including what works fall under which right; what are the requirements to gain protection over that work; procedure, cost, duration and time taken to gain protection. By no means is the information below exhaustive, in fact, it forms merely the basics of IP protection.

 

	Copyrights	Trade Marks	Patents	Designs
Definition	Property rights subsisting in original primary or derivative works.	Rights distinguishing your good or service from others.	An IP right providing monopolistic protection over an invention or innovation.	Protection over the appearance of the whole or part of a product.
Protected works	Primary works: Original literary, dramatic, musical and artistic work. Derivative/ secondary works: sound recordings, films, broadcasts and typographical arrangements in published editions. Protection over the expression of an idea, not the idea itself.	Article 2 of the Trade Marks Directive states: “... any sign, particularly words, including personal names, designs, letter, numerals… provided that such signs are capable of distinguishing the goods and services”	Inventions and inventive steps.  The product or process must have a function.	A product is defined as any industrial or handicraft item, including items to make up a complex product.  A complex product is a product composed of multiple components which can be replaced.
Requirements	Originality -  must originate from the author’s own creative efforts. Tangibility -  Must be recorded in some permanent form.	Must be clear, precise, self-contained, easily accessible, intelligible, durable and objective.  Must be distinguishable.	s.1 of the Patents Act 1977:  “...(a) invention is new; (b) it involves an inventive step; (c) it is capable of industrial application  (d) it is not excluded…”	Novelty - must be new.  Individual character - overall impression on an informed user differs from the impression of another design which is available to the public.
What type of protection does the right provide?	Prevents people from copying, using, distributing, performing, renting, adapting your work.	Prevents anyone but the owner from using that mark (unless the owner has granted a license).	Protection over that invention; no one will be allowed to make, use, distribute, import or sell without the patent owner's consent.	Prevents others from using any aspect of your design.
How to/ Procedure	No registration or filing required; automatic right arises once the work is created.  Advised to include name, date and copyright symbol (©)  at the top of your work, and send an email to yourself to remove any doubts.	Carry out a trade mark search in the UK, EU and the world. If the mark is available, look to classify your good/service. Send application for registration. If there are no objections, it will be published for third party objections.  After 2 months of publication, the mark will be registered	Carry out search for similar patents to establish novelty;  File patent application and request a search from IPO (Intellectual Property Office); Application published within 18 months;  Must ask for an examination to establish novelty within 6 months;  Respond to comments from the examination; Application granted or refused.	Register your design online, or apply by post. The latter is cheaper.  IPO will examine the application. If there are objections, you will  be given 2 months to respond, if no objections, your design will be registered immediately.
How long does the application take?		Up to 2 months from application date.	Anywhere from 9 months minimum to 5 years.	Up to 2 months from application date.
Approximate cost		Application to register a trade mark (form TM3) costs £200.	UK government estimate is approximately £4000.	Online registration for one design is £50.  Application by post is £60.
Duration of rights	70 years after the author’s death for literary, dramatic, musical, and artistic works; 70 years after the work was published for sound recordings; 50 years from first broadcast; 25 years for typographical arrangements.	10 years;  You can apply to renew your trade mark either 6 months before or 6 months after the expiration date.  (Renewal costs £200 and done via form TM11).	Up to 20 years.  You must renew your patent on the fourth year of filing date, and then every year after. You can renew a patent for up to a maximum of 20 years. Renewal fees start at £70 for first renewal and £610 for the last renewal.	Must renew the design every 5 years.  Subject to renewal the registered design can last for 25 years.  If unregistered, duration ranges from 10 years to 15 years.

Case study- buying a new car: 

• After weeks of research you have decided on buying a Ford Kuga. You have searched through many dealership websites and have narrowed your choice down to one. The website provides all the information through text, images, sounds, and other materials, which are all protected by copyright. In fact, in many cases, if you scroll to the bottom of the page you will see a copyright symbol. 

• Next up, you decide to go visit the dealership - where each car is distinguishable by its logo. Some will be Jaguar logos, some will be Ford logos; Ford has worked hard to produce the flattened oval figure designed in the iconic blue and white with the signature of Henry Ford, which has been trademarked, giving Ford exclusive rights over the use of the mark. 

• However, trade mark protection merely prevents other car brands from using a similar mark, avoiding any confusion as to its origins. The trade mark alone doesn’t protect the unique silhouette of the Kuga. In actuality, it’s protected under design law. 

• In 2020 alone, Ford filed and secured more than 2000 patents - a large falling under the autonomous car sector. For instance, the retractable table stems from the assumption that ‘self-driving car interiors could be made to resemble kitchens or offices, allowing you to work while your car drives itself.’ 

Any business providing any good or service will always have to consider the protection of their Intellectual Property rights. Unlike human rights or employment rights, you are in charge of ensuring you take the right steps to protect your IPR, and as such, it is arguably even more critical that you consider the information in this article and take the appropriate steps.

Find below a list of curated links to help with your research and understanding of protecting your Intellectual Property rights:

How copyright protects your work (UK GOV)

Trade Mark Timeline  (UK GOV)

Trade Mark form and fees (UK GOV)

Patent procedure (UK GOV)

Patent renewal (UK GOV)

Registering a design (UK GOV)

- Authors: Niccolo Guastella and Rita Almazuri

- Authors: Niccolo Guastella and Rita Almazuri

DISCLAIMER

This article has been written by law students for the sole purpose of providing informative insight. The information in this article is intended for educational purposes only and does not constitute legal advice, nor should the information be used for the purpose of advising clients. You should seek independent legal advice before relying on any of the information provided in this article.

Sources

GOV.UK,'How copyright protects your work' (GOVUK) <https://www.gov.uk/copyright> accessed 2 February 2022

GOV.UK,'Timeline. Applying to register a trade mark' (GOVUK) <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/995472/Trade-Marks-Timelines.pdf> accessed 2 February 2022

GOV.UK,'Patenting your invention' (GOVUK) <https://www.gov.uk/patent-your-invention/decide-to-apply> accessed 2 February 2022

GOV.UK,’Renew and patent' (GOVUK) <https://www.gov.uk/renew-patent> accessed 2 February 2022

GOV.UK,’Register a design' (GOVUK) <https://www.gov.uk/register-a-design/apply> accessed 2 February 2022

AA  Thornton, 'Introduction to UK patents' (AA Thornton, Intellectual Property Law) <https://www.aathornton.com/resources/introduction-to/introduction-to-uk-patents/> accessed 2 February 2022

WIPO, 'Trademarks' (WIPO Word Intellectual Property Organisation) <https://www.wipo.int/trademarks/en/> accessed 2 February 2022

WIPO, 'Frequently Asked Questions: Patents' (WIPO Word Intellectual Property Organisation) <https://www.wipo.int/patents/en/faq_patents.html> accessed 2 February 2022

Loven, 'The Difference Between a Trademark and Copyright' (LOVEN, 12 October 2016) <https://www.loveniplaw.co.uk/difference-trademark-copyright/> accessed 2 February 2022

Upcounsel, 'Car Patents: Everything You Need to Know' (UpCounsel) <https://www.upcounsel.com/car-patents> accessed 2 February 2022
Claire Howell, Intellectual Property Law (6th edn, Pearson 2018)