Industrial and Intellectual Property Law

This document provides an overview of industrial and intellectual property law, covering topics such as interpretation, types, impacts on public interest, and issues related to breach of confidential information. It also discusses the underlying principles of copyright and trademark, evaluation of copyright and trademark laws in the UK and Europe, and the justification for intellectual property rights. Study material and expert guidance on this subject are available at Desklib.

INDUSTRIAL AND
INTELECTUAL
PROPERTY LAW
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INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 interpretation of intellectual property right and protection of subject matter........................1
1.2 Explain types of intellectual property and laws associated with it........................................1
1.3 impacts of intellectual property on public interest................................................................2
1.4 Issues that is related to the breach of confidential information in IPR..................................3
TASK 2............................................................................................................................................3
2.1 Underlying principal of copyright.........................................................................................3
2.2 interpret trademark and various elements for protects of word and symbols........................4
2.3 Evaluation of copyright law of UK,Europe and at international level..................................5
2.4 Explain about the framework of trademark law in UK,Europe in relation to trademark
treaty and community trademark system.....................................................................................5
2.5 Evaluation of limits, enforcement and infringement of copyright and trademark\...............5
TASK 3............................................................................................................................................6
3.1 Justification for intellectual property.....................................................................................6
3.2 Misuse of intellectual property in civil and criminal remedies.............................................6
3.3 Law of industrial design........................................................................................................7
3.4Explain legal and administrative mode to apply for or to deal with infringement of
industrial property rights..............................................................................................................7
3.5. Explain the UK law national registered design right and an unregistered design right
system..........................................................................................................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................1
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INTRODUCTION
Industrial law are the laws that deals with all the regulation which is required by an
industry to follow in order to its establishment and functioning. The scope of this law is wider as
it covers lot of other laws which deals with labour, environment and employment. Intellectual
property are those laws that deals with the issues of intangible and other rights which can be felt.
Basic concept of Intellectual Property Right and associated laws, impact over public interest and
breach of information. Further principals of copyright, trademark and its elements. Copy right
law in UK and its infringement. Legal aspect of intellectual property right.
TASK 1
1.1 interpretation of intellectual property right and protection of subject matter
These are those types of laws that deals with those things which cannot be see and can
only be felt. Intellectual property law covers those aspects in which there are those intangible
things which are created by human intellect. It covers those rights and rules which are there to
secure inventions, designs and art work. Copyright, patents and trademarks are some parts of
intellectual property. The scopes of these laws are wider in nature as it relates to the industries
and innovation taking place within them. It has wide range of departments that comes under
these laws which includes various elements that are different from others and is provided by only
one manufacturer. The laws of this kind helps in maintaining a balanced between the original and
fake products in market. From this point of view the nature of Intellectual Property Right is to
protect the distinct product and technologies. Subject matters are protected under these law
through copyright, patents and trademarks they are applicable in different sectors according to
there rules and regulations. Over all intellectual property laws are those kinds of rights that are
given for those types of thing which are of intangible in nature and covers various concepts that
are related to art, culture and technology under it. These are also there to protect uniqueness of a
subject matter and also punishments are there if in any situation someone tries to breach the laws
mentioned in intellectual property rights (Schwartz, 2016).
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1.2 Explain types of intellectual property and laws associated with it
These are fundamental rights that are there to increase investment, new ideas of a
company which are developed through research work done for its development. It gives
protection to investors or inventors who are not able to gain benefit of there effort. This purpose
the law contains four types of sub elements and that are there for dealing with issues accruing
regarding the aspect is mentioned below.
Patents: They are those forms of rights that protects those kinds of unique invention
which are done by a company with the help of there engineers. So, that they cannot be copied by
anyone. These are also applicable in industries as there is development of techniques in
mechanises to ease down the process of work. These are given for a certain time period of 20
years. It can increase depending upon situation accrued at that time.
Copyright:These are important from the perspective of literature and art related work. It
gives an assurance of protection to the holder by giving him exclusive right over the content and
forms developed by them. It is important from the point of view of those different concepts
which are related to art and culture. These are there to save the uniqueness and gives right to the
person who has developed it.They are given mostly for a longer period of time like 90 years or
so.
Trademark:It is there to create an distinct sign that is used by an company or a
manufacturer to differentiate its product and services in the market. It includes protection of
those products that are specially formed by a particular company. These are mostly in relation to
a brand and a manufacture. So, trademark is there for the protection of an distinct product in the
market (Rodríguez-Andina, Valdes-Pena and Moure, 2015).
Then there are other things such as design which is there to protect the outer appearance
of a product or machine, database is also there to protect some substantial part of the database of
a company. Last thing is trade secrets which protects a unique formula, practice and design
developed by a company.
1.3 impacts of intellectual property on public interest
Intellectual property rights has an impact over public interest because both of them are
interrelated to each other in a sense that these laws are developed for the protection of those
things that creates an impact over public at large. Theses laws achieves legitimacy and is useful
in creating a balance between public interest and private privileges which are given for
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innovative ideas. WTO s TRIPS agreement has been criticised for its inappropriateness and
mandate formed by it. After the enforcement of this there has been a kind of dissatisfaction in
public because of its sever impact over various sectors. It has resulted into effects over model of
intellectual property rights that is related to custom, postal and health (Reeves and Mendis,
2015).
This is going to effect the harmonisation of IPR in the developed countries as it over turn
the balance required to protect public interest. Due to which increase in risk over the IPR law
which results into wrong utilisation of it and breach of these laws. The most important thing is to
create right equation which explains about rights and wrong in IPR more presided form. So, that
it becomes easy for the law to be differentiated at international level (May, 2015).
1.4 Issues that is related to the breach of confidential information in IPR
An intellectual property is owned by a person has to facer certain difficulties with it. This
can be understood as person who is of legal nature and trademark or other element is registered
with him. When a breach has been done by an employee then it is to be seen by the company
that weather any loss has accrued in a company or not. Then legal action is to taken against the
employee. Advice from the employee lawyer is to be taken as injunction against the employee is
to be issued to stop him from using of the confidential information or to disclose it to another
company (Lyman, 2017). Then evidences is to be submitted and they are collected through
proper investigation done over the breach of information. After this if the employee is refusing to
cooperate with the company then proceeding is done against him and he should be taken to court
or a get him arrested by police for committing the crime. The breach can occur in any of the
intellectual property law.
TASK 2
2.1 Underlying principal of copyright
Copyright provides author protection against certain material rights in order to control the
use and to avoid exploitation at commercial level of the work which is created by him or her. It
covers rights that are there to authorise the prohibition of copying, issues related to copies,
renting or lending, broadcasting and adoption of copyright material. The material that is
protected under copyright are given under the statute and are divided into following categories
(Kur, Dreier and Luginbühl, 2019). They are original literary, dramatic, musical are considered
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to be original only if they are original creations and even when two workers are same or identical
considered to be original if they are created independently by them. Sound recording, films and
broadcasting they need not be original and is not going to involve any copyright issue if they
have been copied from another film or recording . Typographical arrangements of published
editions these can be protected in other ways like trademark as copy right does not protect ideas.
A copyright is in violated when there is minor infringements, temporary copies, fair dealing,
incidental inclusion, educational use and public interest. The copyright protection last for 70
years in case of literature and films, 25 years in artistic work and typographical arrangements. 15
years are for database. Rights of copy can be sold only when there is exclusivity, term, assign
ability and scope of licence (Horváth, 2016).
2.2 interpret trademark and various elements for protects of word and symbols
Trademark offers legal protection for word, symbol, phrase, logo and design. There are
certain symbols which are used in trademark and they are TM which is representation of goods
and services that are not federally registered. SM it represents services and ® which means
registered. There are various elements that are there in trade mark they are generic trademark: to
be qualify for this there has to be description of qualities, characteristics and ingredients of the
goods to be sold. Descriptive Mark: this deals with one or more characteristics of a product or
services. It contains a very unique element to qualify in this which is what the brand represents
and to whom. Suggestive Mark: these implies about those goods and services in which
protection is without a secondary meaning and the term ''suggestive'' means a customer which
uses its imagination to figure out what services or goods a company offers. Example of this is
Jaguar as it gives speed and agility bust does not immediately gives the car to the customer.
Fanciful Mark: This contains name, logo that is unique and different from other company. It is
one of the earliest way to obtain protection over trademark and it does not compete with anything
and is too generic. Example of this are Kodak, Nike and Adidas. Arbitrary mark: They include
terms and phrases that is meaning but is different. Example for this is Apple the name of the
company means is quite familiar but does not have anything to do. Service mark: It differentiate
a company which provides services from instead of product. Example of this is MCDONALD
which is using it mark since its providing services. Trade Dress: It involves those features of the
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product and company such as packaging elements and other concepts. Example of this is
Listerine mouthwash (Dutfield, 2017).
2.3 Evaluation of copyright law of UK,Europe and at international level
In UK the copyright law protects work and stops other from utilising it in any form
without the permission of the person who is having it originally. These laws covers various
aspects of literature, dramatic musical, art work, music, films, broadcast and layout of published
editions. Its prevents copying of work, renting and lending. Copyright law in Europe deals with
directives related to copyright term and information of society. Also covers digital single market
directives. In international copyright all the copyright laws that are followed in various countries
comes under it and are followed over international level.
2.4 Explain about the framework of trademark law in UK,Europe in relation to trademark treaty
and community trademark system
There are certain major laws that are governing in United Kingdom and Europe is Trade
marks Act. This act imp[lies the trademark directives of EU and made provision in relation to
these regulation. Other acts which are relevant is Copyright and Trademark(offences and
enforcement), the Digital Economy Act 2010 and Trade Descriptions Act 1968. As United
Kingdom is member of World Intellectual Property Organisation and has signed number of
treaties which are Paris convention for the protection of industrial property, protocol related to
the Madrid Agreement Concerning international registration of marks, Singapore treaty,
trademark law treaty, agreement over trade related aspect of intellectual property rights, Vienna
Agreement for establishment of an international classification of figurative elements of mark and
then Nice Agreement (Dratler Jr and McJohn, 2019).
2.5 Evaluation of limits, enforcement and infringement of copyright and trademark\
There are certain limits of both copyright and trademark. These are expiration in this
when the copyright is expires after a certain period of time. The time limit is from 95 to 120
years. After expiration it becomes a public document which means that anyone can use it or
exploit it. Second limitation is fair use in which there is no specification of fair rules that are
concrete in nature. Limitation of trademark is geographical limitation as it is limited to that
particular area. Enforcement of copyright and trademark is important because copyright protects
a unique work done by an author and trademark helps in identification of product. Copyright and
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trademark are infringed only when a per4son has copied the work and has used the product
name without permission of real owner. Enforcements of these rights protects a unique product
in case of trademark and in case of copyright maintains originality of work.
TASK 3
3.1 Justification for intellectual property
Intellectual property are referred to as those inventions, designs and properties which is
produced by intellect of human and creative labours. These laws are used to describe the legal
status and protection over any kind of intellect property owned by a person. These laws are
highly politicised and is used ton describe the legal status of those who are having invention and
product of distinct form (Drahos, 2016). World intellectual property rights has explained this
law in relation to TRIPS agreements as the rights in which the product of intellectual activity is
defined in a very wide range covering lot of aspects under them. It is also referred to as
copyright which are related to rights, trademarks, geographical indications, protection of
undisclosed information and anticompetitive practices. IPR also impacts the society in legal,
economic, political and cultural dimension as it brings out those innovative products and writings
which changes the face of society. These laws are also important to maintain the work of
qualified writers and the invention protected as they helps in providing comfort of living to the
people in society or is giving something to society. IPR laws are also important from the view
point of bringing out more originality in the market which impacts the taste of customers and
make people aware about the development of latest technology.
3.2 Misuse of intellectual property in civil and criminal remedies
Infringement of these laws means using of someone else's intellect property without the
asking the3 owner of it. There are both civil and criminal remedies that is available for the
infringement of these rights and they are in case of civil injunction in this the court makes order
of prohibition to an person or an organisation from doing certain things which results into
infringement. Second is damages in which the plaintiff can seek for award of damages if any
violation has been done in a practical sense. Account of profitability in this the person who has
infringed the right is stooped from earning profit from it. Tracing in this the tracing is done of the
thing over which the case of infringement has been launched. The remedies available under
criminal law includes of going to imprisonment for six months minimum and maximum for 3
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years and fine also has to be given. The option of suo moto is also there this means that the
person can file the case against an individual who has tried to infringe the rights in any manner.
Criminal remedies includes injunction, ex parte order and order for delivery, cost is also
available 9Delgado, Kyle and McGahan, 2013).
3.3 Law of industrial design
Industrial design refers as those constituencies and ornamental aspects of article. These
design contains three dimensional features such as shape and two dimensional features like
pattern, line. These are there to protect the visual designes of the objects that are of unjique
nature. The national laws are to be followed. In a manner it can be explained as those laws that is
there to protect shape, configuration and surface pattern that is applied in a functional article and
increase in aesthetic in order to improve visual appearance of the design. This is done through
two dimensional and three dimensional articles. Protection rights are provided for period of 10
years and has to be renewed once in every 5 year. Qualify for protection certain things are to be
kept in mind and they are it should be novel and original, applicable to functional article, visible
on a finished article and it should be non-obvious. These are obtained by submitting application
to the design officer with the desired designed. Any application to be rectified after this has to
be given to the officer again. This is how these laws are formed and there basic concept of it is
explained (Correa, 2016).
3.4Explain legal and administrative mode to apply for or to deal with infringement of industrial
property rights.
As intellectual property rights deals with all the forms of law which means that it is
involved in both civil and criminal. In civil law it is involved because there are intellectual right
involved individual's contribution and civil law deals with individual's only and in criminal law
it is related to it because the developments of new technology also impacts the life style of
people there are various remedies and punishment related to them are also explained under it.
Administrative law is related to this law in a sense as it contains lots of paper work and also there
are certain law that are followed only in UK . So, in order to protect them intellectual property is
required
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3.5. Explain the UK law national registered design right and an unregistered design right system
These laws are related to designing of a particular machine or invention. So in order to
protect these the laws are formed. These are those laws that help in the registration as per the
guild line a document has to be submitted by the design officer then he is going to decide
whether it has to registered or not.
CONCLUSION
In the above file the concept of intellectual property right which explains about covering
unique form of innovation. Various types of these rights are also explain. Civil and criminal laws
in relation to intellectual property has been explained and even in context of UK, Europe and
international law. In this file further the design of intellectual property is also explained and all
the concept is covered under it. Legal and administrative aspect is also covered in context of this
law.
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REFERENCES
BOOKS & JOURNALS
Correa, C.M., 2016. Intellectual property: how much room is left for industrial policy?. Journal
of International Commerce, Economics and Policy. 7(02). p.1650012.
Delgado, M., Kyle, M. and McGahan, A.M., 2013. Intellectual property protection and the
geography of trade. The Journal of Industrial Economics. 61(3). pp.733-762.
Drahos, P., 2016. A philosophy of intellectual property. Routledge.
Dratler Jr, J. and McJohn, S.M., 2019. Intellectual Property Law: Commercial, Creative and
Industrial Property. Law Journal Press.
Dutfield, G., 2017. Intellectual property rights and the life science industries: a twentieth
century history. Routledge.
Horváth, L., 2016, June. Representation of intellectual property for multidisciplinary industrial
engineering model system. In 2016 IEEE 25th International Symposium on Industrial
Electronics (ISIE) (pp. 328-339). IEEE.
Kur, A., Dreier, T. and Luginbühl, S., 2019. European intellectual property law: text, cases and
materials. Edward Elgar Publishing.
Lyman, P., 2017. What is a digital library? Technology, intellectual property, and the public
interest. In Books, Bricks and Bytes (pp. 1-34). Routledge.
May, C., 2015. The global political economy of intellectual property rights: The new enclosures.
Routledge.
Reeves, P. and Mendis, D., 2015. The current status and impact of 3D printing within the
industrial sector: an analysis of six case studies (pp. 1-78). Intellectual Property Office.
Rodríguez-Andina, J.J., Valdes-Pena, M.D. and Moure, M.J., 2015. Advanced features and
industrial applications of FPGAs—A review. IEEE Transactions on Industrial
Informatics. 11(4). pp.853-864.
Schwartz, H.M., 2016. Wealth and secular stagnation: The role of industrial organization and
intellectual property rights. RSF: The Russell Sage Foundation Journal of the Social
Sciences. 2(6) pp.226-249.