IP Notes

What is intellectual property (IP)?

Intellectual property refers to exclusive rights to the results of creative and intellectual efforts, protected under common law or statutes.

What are the four main types of intellectual property?

Patents, trademarks, copyrights, and trade secrets.

What do patents protect?

Inventions, new processes, substances, methods, or devices.

What do trademarks protect?

Logos, words, and other branding used to distinguish goods or services.

What do copyrights protect?

Artistic works, writing, music, films, and computer programs.

Define passing off in the context of IP law.

Passing off is a common law tort that protects the reputation of a trader, preventing false representation that misleads consumers into thinking their goods or services are associated with another's.

What are the legal requirements to prove passing off?

1. Reputation of the plaintiff; 2) Misrepresentation by the defendant; 3) Damages as a result of misrepresentation.

What does the term 'goodwill' mean in IP law?

Goodwill refers to the connection between a business and its customers, which constitutes a valuable asset.

What is the rationale behind IP rights?

IP rights protect an individual's ability to derive value from their creation and encourage innovation by rewarding creators.

What was the significance of the Paris Convention of 1883?

It was the first major international treaty designed to help people obtain intellectual property protection in other countries.

Define misrepresentation in the context of passing off.

Misrepresentation is a statement or conduct that is false or misleading, causing consumer confusion.

What is the distinction between IP rights and physical property rights?

IP rights are intangible and do not deteriorate through use, while physical property rights are tangible and can diminish in value.

What does the term 'intangible property rights' refer to?

Rights that cannot be physically touched, going beyond the physical appearance of an object, such as IP rights.

What is the principle of 'honest concurrent use' in trademark law?

A defense in passing off where two traders independently use the same trade name, and the first trader typically had sufficient reputation at the time the second begun trading under the name.

How does registering a trademark benefit a business?

It turns goodwill into property rights, allows for exclusive use, and can be renewed indefinitely.

What types of trademarks exist under the Trade Marks Act 1995?

Standard trademarks, certification trademarks, collective trademarks, and defensive trademarks.

What is required for a trademark to be distinctive?

It must distinguish goods or services originating from one business as distinct from others.

What is an injunction as a remedy in IP law?

A court order that prevents a party from continuing infringing behavior.

What role does technology play in the context of IP law?

Advancements in technology challenge traditional IP enforcement due to ease of reproduction and distribution.

What was the key outcome of the Cadbury Schweppes v Pub Squash case?

The court dismissed Cadbury's appeal, determining that there was no misrepresentation because consumers were not confused.

What does the term 'secondary meaning' refer to in IP law?

It refers to when an indicium becomes so exclusively connected to a product that it distinguishes it from others.