|
PROPERTY
|
SUBJECT
|
NEED
REGN.
|
TERM
|
RIGHTS GIVEN BY PROTECTION
|
| PATENT |
Novel and inventive articles, machines and processes. |
Yes |
20 years, subject to annual renewal fees for patents obtained nationally or under European Patent Convention. |
"Monopoly" to prevent others from making, using or selling (including importing) the article, machine or process defined in any valid claim of the patent |
| KNOW HOW |
Confidential information, secret processes and data. |
No |
Unlimited |
Right to prevent disclosure and use of information given in confidence and not already in public domain. |
REG'D
DESIGN |
New feature of shape or pattern of an article which appeals to the eyeand is not solely functional.
|
Yes |
25 years subject to payment of four quinquennial fees. |
"Monopoly” to prevent others from making, importing or selling the article having that visually attractive feature or making moulds/dies for it. |
DESIGN
RIGHT |
Original articles and drawings covers shape and configuration only. |
No |
10 years from date of first commercialisation. Licences of right in last 5 years. |
Prevents copying for commercial purposes. |
| COPYRIGHT |
Artistic, literary, dramatic or musical works which are original. Also records, films and broadcasts. Includes sketches and drawings irrespective of artistic quality. Non-artistic articles not covered. |
No |
Begins automatically on creation and ends generally 70 years after death of author or first publication, depending on the Work. Ends 25 years after marketing for industrially applied works. |
Prevents copying of Work or a substantial part of it and prevents any such copy being imported, sold or exhibited by way of trade. |
REGD
TRADE
MARK |
Mark which distinguishes goods and/or services of proprietor from similar goods or services of others. Generally a word or device label but can be anything that can be represented graphically. |
Yes |
Unlimited subject to payment of
renewal fees every ten years. |
"Monopoly" to prevent others from using the same or a confusingly similar mark on the same or similar goods and/or services for which mark is registered. |
GOODWILL/
PASSING OFF |
Any aspect of trade in which an identity and reputation is established e.g. in a used trade mark, get-up or name. |
No |
Unlimited |
Prevents others from passing off their goods or services as those of the owner of the reputation in a way that would result in damage to the owner's business and deception to the public. |