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INTRODUCTION
Intellectual property (IP) is the name given to the broad grouping of legal protection which is available for intellectual activity, such as inventing a new invention or composing a new piece of music.
There are two types of intellectual property:-
- a first type in which, in order to obtain protection, application must be made to a government office in the country concerned, often referred to as the Patent Office. This first type gives rise to legally enforceable rights referred to as registered rights (because they are "registered" at the Patent Office). The registered rights are patents, registered trade marks and registered designs.
- a second type in which the legal right comes into being automatically, either on creation of the work itself or on the occurrence of some event subsequent to the creation of the work. There is thus no need to file an application for protection at a government office. These rights are referred to as unregistered rights. The unregistered rights are copyright, design right, passing off and know-how.
The purpose of this guide is to provide an overview of the various types of intellectual property together with summary details of the various requirements needed to obtain protection. The guide assumes no prior knowledge of the subject and it is hoped that you will find it useful in guiding you in this complex area of law. It must be emphasised, however, that this guide does not set out to be a comprehensive manual on intellectual property, and you should seek advice from us in connection with any specific problems you might have, and/or if you wish to proceed with the filing of a patent, design or trade mark application.
The table on the following page summarises the various types of intellectual property which are currently available in the UK; the same or equivalent protection is available in most other countries. The subsequent pages discuss the different types listed in the table in more detail.
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