IPR102 - Intellectual Property Law

Vocabulary practice flashcards covering intellectual property law terms, statutory rights, infringement categories, international treaties, and licensing structures.

Passing-off

A legal action enabling an owner to prevent a competitor from misrepresenting goods or services as originating from the owner through identical or similar marks or get-ups, requiring proof of reputation/goodwill, marketplace confusion, and damage.

Goodwill

The business reputation and customer connection generated through the commercial use of a trade mark, whether the mark could have been registered or is unregistrable under the Trade Marks Act 1994.

Integrity Right

A moral right under copyright law protecting the author against unauthorized alterations, distortions, mutilations, or derogatory treatments of their work that prejudice their honour or reputation.

Paternity Right

The statutory moral right entitling the creator of a copyright work to be named or identified as the author or director in certain circumstances.

False Attribution Right

The moral right protecting a person from having a work wrongly attributed to them as the author or creator, which lasts under UK law for the creator's lifetime plus a further 20 years.

Civil Remedies

Judicial measures awarded in civil IP infringement proceedings, including provisional measures, injunctions, delivery-up, compensatory damages, punitive damages, and account of profits.

Trade Dress

The distinctive visual appearance, particular colors, design, and packaging of a commercial product that identifies and indicates its source to consumers.

Registered Design

A registered intellectual property monopoly protecting the outward appearance of the whole or part of a product resulting from lines, contours, colours, shape, texture, materials, or ornamentation.

Design Right

An automatic, unregistered property right introduced in the UK by the Copyright, Designs and Patents Act 1988 protecting the original shape or configuration of an article.

Public Domain

The realm of creative materials, information, and works that are not protected by copyright or whose intellectual property terms have expired, rendering them free for public use.

Licensing

A contractual permission granted by an IP owner to another party allowing the performance of specific exclusive acts within a defined territory and time period without transferring ownership.

Assignment

A legal contract in which the ownership of intellectual property rights is completely transferred from the assignor to the assignee.

Collective Trade Mark

A mark indicating that the user of the mark is a member of an association or trade organization which owns the trade mark.

Fair Dealing

A statutory exception to copyright infringement allowing lawful, limited use of copyrighted works without permission for specified purposes such as research, private study, criticism, review, or news reporting.

Primary Copyright Infringement

Direct unauthorized acts involving a copyrighted work, such as copying the material without permission, making a translation, adapting the work, or performing it in public.

Secondary Copyright Infringement

Commercial dealing, importation, possession, or distribution of illicit copies of a protected work where the party knows or has reason to believe that the copies are unauthorized.

Berne Convention

An international agreement adopted in 1886 governing literary and artistic works based on the principles of national treatment, independence of protection, and absence of required formalities.

Paris Convention

An international convention concluded in 1883 that applies to industrial property in the widest sense, covering patents, industrial designs, trademarks, service marks, and the repression of unfair competition.

TRIPS Agreement

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights that establishes enforceable minimum standards of intellectual property protection and regulation for all member nations.

Get-up

The overall visual presentation and trade dress of a business or product, including packaging colour, label lettering styles, slogans, and shop fascia boards.

Must Fit Exception

An exclusion from design right protection for features of shape or configuration which enable an article to be connected to, placed in, around, or against another article so that either may perform its function.

Must Match Exception

An exclusion that allows spare parts (such as car body panels, wings, or doors) to be made and sold freely if their design depends visually on the appearance of the complete article.

Exclusive Licence

A licence agreement wherein the IP owner promises not to grant any other licences in the designated field or territory and agrees not to exploit the IP personally in competition with the licensee.

Sole Licence

A licensing arrangement in which the licensor promises not to grant licences to any other persons within the contractual territory, but retains the right to exploit the IP personally.

Lump-sum Payment

A pre-calculated fixed remuneration for an intellectual property licence paid in a single transaction or divided into set installments, unaffected by subsequent sales volume.

Royalty

Recurring remuneration calculated periodically after commercial exploitation, with payment amounts determined directly by economic results such as sales or profits.

Informed User

The legal standard of comparison applied in registered design disputes to decide whether a contested design creates a distinct overall impression compared to prior designs.

Uniform Dispute Resolution Procedure (UDRP)

An administrative procedure established by ICANN and operated by providers like WIPO to resolve bad-faith abusive domain name registrations (cybersquatting).

Adversarial Litigation

A common law dispute resolution model where the plaintiff and defendant each present oral arguments and evidence before a judge who determines which party has the stronger legal case.

Generic Mark

A term that represents the common descriptive name of a broad class of goods or services, which is incapable of functioning as a registered trade mark.