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Introduction
1 - Identify your IPR’s
2 - Protect your IPR’s
3 - Use and exploitation
4 - Enforcement of your IPR’s
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STEP 1. IDENTIFY YOUR IPR’s
Types of IPR’s
Patents provide an inventor with a monopoly right for 20 years to work their invention. Patents apply to novel and inventive, products and processes that are capable of industrial application.
Trade Marks and Passing Off provide rights in relation to indication of origin of goods or services and encompasses anything capable of graphic representation e.g. brand names, words, logo’s, packaging, colours even sounds.
Copyright provides rights in relation to original literary, dramatic, musical and artistic works; sound recordings, films, broadcasts or cable programmes, software and typographical arrangement of publications.
Design Law provides rights in relation to the appearance of a product including the whole or part of the product or the way in which it is decorated.
Other more specific IPR’s include performers rights, database rights, and moral rights of authors, trade secrets, plant breeder’s rights and more.
In identifying your IPR’s you MUST ALWAYS be aware that more than one type of IPR can apply.
Whilst some IPR’s are obvious others require careful investigation and consideration in ascertaining exactly who is entitled to benefit from such rights
Also bear in mind other parties IPR’s and seek advice to ensure that your activities are not utilising third parties rights without their prior consent.
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