Stevens Hewlett and Perkins
Guide to Intellectual Property
Introduction to IP Summary table of GB IP Patents Industrial Design Patent and Design Searches Trade Marks Know How
SUMMARY TABLE OF GB INTELLECTUAL PROPERTY
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.
REG’D
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.