Intellectual Property Law

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In Brief

Intellectual Property is protected through the operation of the common law, Statutes, EU Law, and International Conventions. This is because the protection of goodwill and the expression of creativity have long been recognised as worthy of protection. Creators of artistic works, owners of brands, designers, inventors, and successful businesses all have proprietary interests and rights even when these interests and rights may be found in property which is intangible in nature.

Intellectual property seeks to protect creative works using language, shapes, forms, colours, ideas, a process of thinking and doing something, inventions and methods of manufacture.

Intellectual Property Law protects these different types of intellectual rights by extending protection through copyright, trademarks law, designs law, patents law and passing off, to name a few. The law and the Courts are very careful when protecting rights to ensure that monopolistic practices are not used to stifle industrial development and innovation.

Owners and/or creators are able to claim exclusivity over ownership and exploitation, for a limited time and depending on the type of intellectual property, during which period they are able to commercialise their interests through licensing and other commercial arrangements. Once this protection period expires, third parties are able to use that knowledge, whether scientific or industrial as a springboard for subsequent advances and discoveries.

What’s in this module?

Copyright >> learn about the requirements for obtaining protection under copyrights and remedies available where copyright is breached   

Trademarks >> examine the requirements to register a trade mark, classification and how to protect a party against infringement

Designs and Patent Rights>> study the requirements for Design and Patent registration, the protection available to owners and defences available for infringement of these rights

Passing off >> learn and understand what passing off is, the three elements necessary to establish passing off and how the US system treating actions for passing off, and personality rights.   

  • Exercises
  • Case Study
    • Famous Landmark cases in Intellectual Property Law 
      • details and judgement
      • why the case is important
  • Writing Corner
    • Writing an advice for a client
    • Advice from a solicitor to a licensor using a Licensing Agreement