The Definition, importance of Intellectual Property and IP Laws UK

The main purpose of IP is to encourage those people who are the creators of intellectual goods. With the help of IP law, it is also possible for people to get information about these intellectual goods.

Copyright

Intellectual property is abbreviated as IP. It is a type of property in which there include the intangible creations relevant to the human intellect. Two types of laws are related to intellectual property. First is known as industrial property rights and the second is known as copyright.  This is the best way to give economic incentives to people as they can earn more and more profit with the help of their intellectual creations. These economic incentives are helpful for the economic and technological progress of a country. It is difficult for us to handle intellectual property than traditional property because the people face lots of difficulties to stop replicating intellectual property. After replicating it, most of the people try to sell it at the lower prices. Therefore, we can say that the investments in this field may suffer from lots of problems and the people are not able to get appreciation.

Intellectual property rights definition

The process of assigning the property rights to the people with the help of trademarks, copyright and patents are known as intellectual property rights. With the help of these rights, the creator is able to use a specific term for his business for a specific period of time. In order to get rid of the duplication and imitation, the monopoly power is conferred. The intellectual property laws are helpful for the people to provide them with the ownership to the literary and artistic work. For this reason, they protect the literary work by copyright, inventions by patents and distinguish and enterprise of the goods by trademarks.

Types of intellectual property

The main aim of intellectual property is to protect the inventions, literary and all kinds of artistic works. There are four types of intellectual property. These four types of intellectual property are explained below;

  • Patents

With the help of a patent, one can easily get a title to prevent his inventions from the exposition. The patent doesn’t allow the other people to prepare or sell this particular invention. One can get this kind of monopoly for a specific field and in a specific country. Moreover, the period of this monopoly is also specific. The maximum period of time that is granted for this monopoly is 20 years. This deal is given between the inventor and the society. The patent is helpful for the inventor because it doesn’t allow the competitors and other people to make copies of his invention. On the other hand, society can get help from the patent in the form of real innovations. In order to apply for the patent, the inventor should fulfil these requirements;

  1. The invention of a person should have a patentable matter. In the European countries, a set of EPC (European Patent Convention) rules is used to claim for intellectual property. According to these rules, all the scientific theories, discoveries, aesthetic creations, computer programs, playing games and mathematical methods come into EPC rules.
  2. The invention of a person should be novel. This means that the idea or the product of a person should be unique and different from other ideas and products.
  3. There includes an inventive step in this invention. It means that a person who has average knowledge of your field will not be able to easily understand your invention.
  4. The invention of a person should either be susceptible or an industrial application. In other words, the invention of a person should not be purely theoretical.
  • Trademark

A trademark is a sign which distinguishes the products or services of a company or an organization from the products or services of other competitive companies and organizations. A trademark can be in the form of some distinctive words or some other kinds of marks. The main aim of a trademark is to set the mindset of a customer that these particular products or services belong to a particular company.

Different companies use different trademarks for the promotion and reorganization of the products or services of their companies. The most famous form of the trademark is in the form of the logo of a company. Some other trademarks of the companies are personal names, the shape of the products and letters etc. Some essential requirements to define a new trademark are given below;

  1. It must be distinguished from the trademarks of other companies.
  2. A trademark should not be deceptive and it should not deceive the public concern of a particular geographical area.
  3. A trademark can’t be in the form of the description of a product or service of a company.
  4. A trademark should follow all the laws relevant to the trademark.
  5. It should also be prepared by keeping in mind the public policy and morality.
  • Copyright

A legal term which protects the original literary, musical and artistic work of the creators is known as copyright. Some essential forms of the copyrighted things are the thesis, books, research papers, computer software, sound recordings, TV programs and films etc. There are two main components of the copyright. First is known as moral rights and these moral rights provide ownership to the author. Second is known as economic rights and with the help of economic rights, a person makes and issues the copies of his products to others.

Copyright is not a monopoly because two people can prepare the same work and they can get individual copyright claims for their own works. The term copyright has been developed over the last fifty years. The copyright also provides protection to the work of a person for a limited period of time. The creators of such work can easily get the copyright rules from the creation of their work and there is no need to fulfil a formal registration process for the protection of their work.

A secret formula or any kind of other information that provides a competitive advantage to a company over the other is known as a trade secret. Some essential forms of the trade secrets are soda formulas, lists of the customers, results of the surveys and computer algorithms. The protection of this kind of intellectual property is different from the protection of the other kinds of intellectual properties because you can only protect your trade secrets only if you don’t disclose the information or formulas of your products.

Lots of security practices are made by the businessmen in order to protect their products. While protecting your trade secrets, you just need to take an overview of your competitors and try to prepare such policies that are helpful for you to protect your secrets from your competitors. No doubt, to protect your intellectual property, there requires a huge amount of time and money. Therefore, before taking some essential measures to protect your trade secrets, you should get an idea either your trade secrets are worthy to protect or not.

Intellectual property law

The area of the law which provides legal rights to the work of the creators and inventors is known as intellectual property law. The main aim of this law is to provide control to the creations of the inventors. With the help of intellectual property law, one can easily get an idea who can invent new things in order to earn more and more profit.

According to the lawmakers, it is fair for the creators to generate revenue from their creative work. In intellectual property law, there include two types of work. First is known as scientific work and the second is known as creative work. Due to the different types of intellectual work, there are four different forms of intellectual property laws in order to protect the work of the creators and inventors.

  1. First is known as copyright law which provides ownership to a person for his creative work.
  2. Second is known as patent law which provides ownership to a person for his creation.
  3. The third is known as trademark law which protects the identity of the products or services of a company.
  4. Fourth is known as trade secret law which provides a complete plan to a company in order to protect its formulas and essential information.

Tips to protect intellectual property

After inventing or creating something new, the next step is to tell the world about your invention or creation. Before bringing your invention or creation before the world, you should try to find out the best ways to protect your invention or creation. Some essential tips to protect your invention or creation are given below;

  • There is no need to file patents before launching your product or service because if you are filing patents, it means that you are providing a full recipe to the world.
  • You should be lean and fast especially when you are going to launch your invention in the tech sector. Its reason is that if you are slow enough, it means that you are providing a chance to your competitors to create the same inventions and get success by remaining lean and fast.
  • If you are going to invent a product by working in a team, you should make sure that there is no need to provide complete detail to your product to all the members of your team.
  • In the field of technology, you should get benefit from open-source IT technology and try to tap into the broad community of the developers and inventors.
  • There is no need to get joint ownership in the field of technology because it can create lots of problems relating to the protection of intellectual property.
  • For the protection of your trademarks, it is an essential thing for you to get exact-match domains.

Intellectual property rights act in the UK

Intellectual property rights act the UK was prepared in May 2014 and it has come into force on 1st October 2014. The main points of this law are explained below;

  • For the objective evidence, the IP system can be driven as far as possible.
  • For the purpose of the cross border licensing, the UK will establish a Digital Copyright Exchange.
  • For the work of the orphans, there will make legislate.
  • IPO (Intellectual Property Office) will easily access the relationship between the rights of the designs and their innovations.
  • An act is made for persons who are using unregistered private designs.
  • According to the new act, people are free to reuse the unregistered designs in order to create their own content.
  • A design opinion service is also introduced in order to avoid the infringing of the copyright.
  • For patent work sharing, they have also made some national and regional patent offices.

Importance of intellectual property rights

Nowadays, we can see that intellectual property rights laws are accepted all around the world. Some essential reasons for the acceptance of intellectual property rights in all around the world are given below;

  • As an individual creator, it is really a hard task for you to protect your intellectual property. Intellectual property rights law is helpful for individuals to protect their creations.
  • This law is also providing lots of reorganizations not only to the creators but also to the inventors.
  • For intellectual property, this law is also ensuring the material reward. With the help of this material reward, one can get feelings of ownership.
  • This law is also ensuring the users that they can easily get unique and original products without copyright issues.
  • If there is no intellectual property law, we can’t see any kind of growth and advancement in the field of technology. Therefore, for the growth, success and protection in the field of technology, it is necessary for us to ensure intellectual property law.
  • For the growth of business in the field of technology, it is also necessary for us to ensure the intellectual property law.

Copyright Designs And Patents Act 1988

According to the new Copyright law in the UK, the work of an individual will automatically be copyrighted without getting any kind of permission, approval and registration. Therefore, there is no need to worry about the copyright of your material and there is no need to get any kind of permission from any kind of government organization.

Copyright, design and patent Act

The United Kingdom is known as the birthplace for the new laws of the copyright. The United Kingdom has commenced the copyright laws from the statue of Anne and this law was originated in 1710. No doubt, this law was originated in those days when there was no issue of online blogs and piracy. The Copyright, Designs and Patents Act 1988 came into existence on 1st August 1989. Some smaller provisions of this law came into full effect till 1990. There are lots of amendments are made in this law and we can also see a clear influence of the European Union on this law.

All of these laws were crafted before the origin of the internet and with the invention of the internet; the world has also faced some other ways of copyright issues. In order to meet these copyright issues, it was necessary to bring some amendments to the Copyright, Designs and Patents Act 1988. According to this copyright policy, the person who has generated the work on the computer is the owner of that work. In the UK and other parts of the world, people are not allowed to use the copyright content of any person without the explicit permission of the owner.

In other words, we can say that we are not allowed to use a large portion of the content without the permission of the creator. Anyhow, there are also some limited permissions from the creator to use the copyrighted material. In the United Kingdom, ‘Fair Use’ is a policy which allows the people to use the content of other creators. On the other hand, in the United States, ‘Fair Dealing’ is the policy which allows the people to use the content of other creators as their own.

We can say that Fair Dealing has more restrictive clauses than Fair Use policy. We can say that there requires sufficient acknowledgement while using the work of a creator. If you are not acknowledging the work of the others, it means that you are pirating of the copyrighted material. In the UK, there was also a time when internet cache services were also considered against the law. Due to the Fair Dealing policy, the users were not able to make even copies of the websites and blog posts. Later on, an amendment was passed and according to this amendment, the users were allowed to make the temporary copies of the websites.

Individuals in the UK are still facing some problems because they are not able to understand that either it is easy for them to register their material with an organization or they can use some specific symbols in order to register their material. Nowadays, an amendment is also passed and they have provided the answer to this question is ‘No’. Its reason is that according to the new Copyright law in the UK, the work of an individual will automatically be copyrighted without getting any kind of permission, approval and registration. Therefore, there is no need to worry about the copyright of your material and there is no need to get any kind of permission from any kind of government organization.