Table of Contents
Write a comment
hi everyone and welcome to my first ever tutorial on intellectual property law the reason why I started making these tutorials so simply because I'm now as a student I tried sometimes to youtube videos and how to understand different concepts and I couldn't find anything so I was thinking maybe there are other students like me out there who have the same problem sometimes I will cover the different aspects of intellectual property law the different types of IP law I will cover the cases and the legislation that covers it and further down the line when I'm doing trademarks I will draw some parallels to compare to US law but more than that it's going to be mainly focused on UK law so to jump into it this first tutorial we're just going to look at an Outlook it or-or-or a kind of the framework of how IP love fits together because I think for many people it is important to realize that IP law it's an area where every separate color that you have different separate rights covering different things but they all interrelate to they all kind of overlap in one way or none or another this is very important to understand because when you're actually going into litigation or when you're when you're dealing with clients etc you need to appreciate that they want results but they don't necessarily care about how so just because something is a design from the outset doesn't mean that you cannot try to register it as a trademark to get more protection so they want results and you need to find the results for them the first write that that I will point out is trademarks law or trademarks now my handwriting is very crap so thank you for bearing with me but you have trademarks which is the first right and what are trademarks when you're dealing with trademarks you're dealing with different things you're dealing with brands for instance you're dealing with with the images you're dealing we're dealing with reputation and what I mean with reputation is when you're talking about trademarks trademarks essentially as they act as a guarantor of origin or indicator of origin so it is something that people use to identify who they are where their goods or services come from what they're trying to sell I mean let's take an example you would have Exxon or or BT or you know Louis Vuitton these kinds of things are trademarks usually you will also have packaging under that I will put the rule get up that people usually refer to so if consumers look at that packaging and think oh wait that comes from this certain someone then Paulson potentially you could trademark that as well you could also potentially Praed trademark designs but to avoid confusion just ignore this one for a second and we'll give back to that when we're dealing with trademarks then you also have design rights designs cover things such as the appearance or its ornamentation its design is very self-explanatory and it's it's not a very big area of IP even though it's very widely used I mean very recently you've had the Apple and and Samsung disputes and the disputes that have been going on for quite some time now about the iPad and how Samsung's a tablet looks the same the general gist is a design covers the appearance then you have copyright and copyright is an interesting one because because sometimes people at least in the UK they misunderstand how copyright works or they don't understand quite how it works they think that people have a copyright in everything and anything I mean I had a friend who told me I have a copyright in my name now you do not have a copyright in your name at least in the UK copyright covers let's call it the creative industry things such as music books ie under that will say literary works so anything literary dramatic work so drama and and play sound recordings and what I mean with sound recordings I mean the recorded sound so so if you think about a song a song you would have lyrics as a literary work you will have music the actual melody but then you'll have a separate copyright for everything recorded which may be owned by someone else etc etc if you've ever asked yourself what protection covers computer software well copyright does so I'll write PC so PC programs the coding the actual coding is covered by copyrights patents is the other one you have and patents but it concerns itself with inventions Stan and many people also quite understand how patents work they think you can patent everything and that's also wrong because you can only patent inventions and invent and invention is only an invention when it's new when it is not obvious when it's capable of industrial applications I'm just going to write industrial application and if it is not excluded because you have certain subject matter which under the patent sock have been deemed to be excluded from protection and the biggest area of patents is the pharmaceutical industry but you also have the technology industry and we're thinking about tech you're thinking about something like cell phones more sorry mobile phones computers speakers you've got big companies that usually have thousands of technology patents you've also got a few other rights which fall under intellectual property well for most of you out there you would not even consider them you would not look at them but they're actually one of the era they're actually quite big areas I mean the influence will quite a lot Neville I have a lot of impact on on certain things one is plant breeders rights the other one is semiconductor chips which can also be covered under patents funnily enough if they satisfy the patent requirement what are semiconductor chips well every computer has got a processor and that processor has a semiconductor chip and it is that chip that's protected by this right much so when you're studying IP law you're mainly covering these four areas now the last thing I want to comment is that you potentially have one more right the reason why I'm saying that potentially is because it is it has been and it is still arguable whether this is an intellectual property right now the law of confidence it protects trade secrets that the definition lies in the name the law of confidence so it is it deals with confidential information I will give you an example and that's the coca-cola recipe so you have the law of confidence the problem with this now I'm not going to only write trade secrets I'm also going to write private information but once you start talking about this you're dealing less with commercial IP law and you're dealing more with you know human rights and then the potential right to privacy or privacy whatever you want to call it general know-how not general know-how sorry about that know how the difference between same general know-how and know-how is that general know-how is just general information know-how might refer to that the steps and in doing things whether the way you do things you know the process of doing things within the company an example of this is one know how might be how MacDonnell's they're made how they make their dressing you know how does McDonald's make their burgers tastes the same almost anywhere in the world so th
Thanks for your comment Alberto Hoschek, have a nice day.
- Markus Papazian, Staff Member
Thanks for this interesting article
Thanks SiebseiteC your participation is very much appreciated
- Markus Papazian
About the author
I've studied spintronics at North Greenville University in Tigerville and I am an expert in planetary science (alternatively, a part of earth science). I usually feel sad. My previous job was utility meter reader I held this position for 3 years, I love talking about shoes and woodworking. Huge fan of Carly Rose Sonenclar I practice baseball and collect fabric and textiles.
Try Not to laugh !
Joke resides here...