TRADE MARKS
Trade marks are elements that distinguish businesses from others. Trade marks give companies individuality and USP'S. They can be anything from positioning, symbols, words, colours and shapes which are legally registered as representing a company or product. Companies can trade mark a number of things for example, Fred Perry have trade marked the position of their logo on a polo shirt so no-one else can copy them. If the trademark however isn’t registered in a different country the trademark can be registered in a different country by a different company and copied in that region. You can however legally Trade mark to same name e.g. POLO is trade marked by a variety of different companies as not only being a style of t-shirt but also cars and motorbikes. As long as the product is completely different it is legal to trade mark certain names as it will have a different meaning and audience.
There are over half a million trade marks registered worldwide. China keeps a very close eye on what happens and emerges in the UK, so trademarks are key to keeping the industry fair and unique to each brand to make sure that they aren’t ripped off. However trade marks can be expensive to register making it hard for companies to register their trade mark is every country. Trade marks last 10 years however they maybe revoked for non-use after five years.
To register a trade mark you must provide certain requirements which include;
- Capable graphical representation
- Capable of distinguishing goods/services
- Distinctive not descriptive
- Not contrary of to public policy/money
Infringement of trade marks;
- Identical mark/identical goods or services;
- Likelihood of confusion;
- Trade marks with a reputation - unfair advantage or detriment.
Passing off on trade marks;
- Reputation;
- Misrepresentation;
- Damage.
PATENTS
A patent is a national right granted by individual countries to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission. Patents can protect things such as unique inventions and processes which have not yet been designed or used by any other individual. In order to get granted a patent your idea must be new and not anticipated y prior art anywhere. Patents usually last for 20 years.
COPY RIGHT
Copy rights are granted to
protect the expression of individual creative and artistic work. Copy right can
protect work such as art, sounds, music and dramatics. To qualify for copy
right there needs to be a certain amount of skill and effort. You cannot
copy right work you have copied. Having a copy righted piece means that you do
have exclusive rights however when it comes to working and being contracted
this can become very complicated.
However you can use other
peoples work for private study and non-commercial use, for example, analysing
and reviewing peoples past work in universities and schools. It is however a very
grey area and depending on the legal rights of the copyright it can become very
complicated. Infringement can also occur with a park or the whole of the copy.
Infringement of copy right;
Infringed if whole or a substantial part* of work is copied without permission.
*Qualitative not quantitative.
Rights as a copy righter;
The exclusive right to do certain acts
The right to make commercial gain from your work
The right to prevent others from copying or using without permission (infringement)
DESIGN RIGHT
Design rights protect aesthetics of designs, lines, contours, colours and shapes 2D and 3D. Design rights are also about £40 in the UK. They are relatively cheap rights to be enforced, and are commonly more used as a marketing tool.
Design rights protect aesthetics of designs, lines, contours, colours and shapes 2D and 3D. Design rights are also about £40 in the UK. They are relatively cheap rights to be enforced, and are commonly more used as a marketing tool.
MORAL RIGHTS
Moral rights include the right to be acknowledged as the creator and to object against derogatory treatment, false attribution. It cannot be assigned, it can only be waived within the industry. This lasts for the life of the creator, plus 70 years after their death to protect the piece.
Moral rights include the right to be acknowledged as the creator and to object against derogatory treatment, false attribution. It cannot be assigned, it can only be waived within the industry. This lasts for the life of the creator, plus 70 years after their death to protect the piece.
CONFIDENTIAL INFORMATION
Confidential
information is information which has the right to be protected. When
creating a design, product, idea, you need to make sure that you have looked at
what is already copyrighted and a document to show your development process
which you have undertaken. Your ideas can be protected from other people so
no-one can replicate your product or process and steal your work.
