Industrial and Intellectual Property Law: Meaning, Legislation, and Impact on Society

This article discusses the meaning of industrial and intellectual property law, its legislation in the UK, EU, and international law, and its impact on society. It covers the different types of intellectual property and their protection under patent, trademark, copyright, and trade secrets. The article also explores the principles of copyright and trademark, their elements, and their enforcement under international and UK law. It also discusses the bars and exceptions to copyright protection and the just and fair usage of copyrighted work.

Industrial and
Intellectual Property Law

Table of Contents
Introduction.............................................................................................................................................2
TASK 1...............................................................................................................................................2
TASK 2...............................................................................................................................................4
TASK 3...............................................................................................................................................8
Conclusion............................................................................................................................................12
References.............................................................................................................................................13
Introduction
Intellectual Property are regarded as exclusive right provided to an individual or association
using their own intellect to create such work1. There are two subsets following it as industrial
property which involves trademark, industrial design etc. After the enforcing function of European
Union treaty in 2009, the federal organization expressed ability with regards to Intellectual property
rights. Whereas, industrial law mainly comprises protection of rights against any form of unfair
treatment. This assignment mainly covers meaning of intellectual property with respects to their
subject matter elaborating legislation with reference to UK,EU and International law. Further
discussing its impact on society explaining issues arising due to breach of confidential information.
Moreover, it talks about process and laws relating to copyright and trademark of IP law. It also tells
about different forms of industrial property.
TASK 1
‘Intellectual Property’ in general came in to existence in 20th century. It indicated unit of
legitimate plan varying under distinct division conferring control over a specific subject. The main
source of IPR are copyright, trademark, patents and protecting right against unfair practices are some
of its central form of rights. The subject matter of intellectual property is heterogeneous in nature. It
includes work like literary, musical, artistic, trademark, designs etc. Even after its emergence in
history it is constantly growing and protecting new technical work by creating various computer
software like protection of plan variety, patent of micro organisms etc2.
1 Abbott, R., 2020. Artificial intelligence, big data and intellectual property: protecting
computer generated works in the United Kingdom. In Research Handbook on Intellectual Property
and Digital Technologies. Edward Elgar Publishing.
2 Adu, T.L. and Vander Walt, T.B., 2021. The level of awareness and understanding of
copyright laws and policies among academic librarians in Ghana. The Journal of Academic

The importance of intellectual property under the legal system embarks to promote new innovation
like technology, new invention and discovery, artistic work etc. It helps in economic development of
society by creating scope of employment for individual and stepping forward towards advancement
of technology resulting in rapid growth world wide3.
There are different types of intellectual property which are used by proprietors on regular basis to
protect their goods and services which are described below-
 Patent – These rights protects the work comprising invention beginning with procedure to
automated mode. It secures inventions from any exploitation via outsider giving sole
authority to its creators. For instance, IT companies uses patent law in order to protect their
products creativity like computers. There are various forms of patent. First is design patent
providing protection of particular instrument or innovation, idea of style and artistic work.
Like emoji, fonts etc. Second is plant patents where measures are taken for new variation of
plant for instance, patent with respect to pest free variant fruit plants having specific visual
appearance. Third is Utility patent, where products are secured serving with functional
intention. For example- computer software, auto mobile security etc. It is considered as first
and greatest division of patent law. Under international law, where the party targets a
particular country then they can file application for protection under World Intellectual
Property Organization in other case regional patent office are provided for addressing issue.
Certain rights in relation patent filing is provided in Paris Convention signed by many states.
Whereas, under Patent Corporation Treaty signed by many countries providing relief of
patent application in low cost and speedy trial from one year of filing case. For instance
microwave oven, bacteria made for cleaning oil spillway etc.
European Union, patent law are dealt by EU Commission specifically in Utility patents. It mainly
protect biotechnology invention, plan variety, licensing technical work and pharmaceutical products
under Supplementary Product Services which are considered with same effect as IPR.
In United Kingdom, after series of amendment Patent Act, 1977 was introduced in dealing with
patent regulation under it.
 Trademark - It generally protects sounds, words, logos, symbols, colours etc. Such marks
used by an organization to differentiate its goods and services from its competitor or outsiders
in general. For instance- Instagram logo, font or symbol used by luxury brand like Gucci etc.
Where under law of patent only single product can be secured while in trademark covers
Librarianship, 47(3)
3 Ahmad, A.A., 2020. The Impact of Registration of a Single Color as a Trademark on Unfair
Competition: A Comparative Study. Journal of University of Human Development, 6(1), pp.27-34.

variety of goods. International law provide TRIPS Agreement where many countries
signed it dealing with aspect of trademark under World Trade Organization. The Berne or
Paris convention also governed trademark laws. While Madrid Agreement was significant
in carrying business at international level by WIPO.
European Union gave right and enforcement of trademark laws to individual by filing application at
its regional CTM office4.
In United Kingdom, laws are administer under Trademark Act, 1994 providing regulation of
European Union where application in such case are filed under UK Intellectual Property office,
cases in relation with respect to trademarks are filed under it.
For instance marks and logos of brands like Mc Donald, Google etc.
 Copyright – It mainly protects original work of a person created by using their ideas, intellect
. It deals under real goods and services not like patent. It includes literary, musical, artistic
work etc. In United Kingdom Copyright, Design and Patent Act, 1988 gives right to owners
to possess their work under its own direction. Like text, images, sounds etc.
 Trade Secrets- These rights are provided specifically to organization protecting their
economy value by carrying data which maybe a secret recipe, formula, procedure which is
unique and different from other enterprises. Such rights help in growth of company
generating profit. It is sole duty of company to protect their secret information where it comes
is known by their surroundings then it is no longer secured. It involve data with respect to
business, financial transaction. Technical work. Scientific knowledge etc. For instance-
Google algorithmic program. Like KFC secret of blending 11 herbs.
Impact of IP law on public interest, under TRIPS agreement focussed on enforcing regulation of
IPR in relation to public welfare by encouraging technical advancement and transferring via
exposing in public with such technology providing benefit to both owners and customers having
knowledge about such measures in society. The main aim is to balance the rights and responsibilities
of individual using services while enhancing social and economic development. The measures
adopted by WTO in their TRIPS council on various issues like compulsory licensing, promoting
public safety, relation between law and policies, regulation exception, research and
development cost etc. It also discussed about three step test adopted in regulating copyright law bars
and exception applied on it with respect to public interest.
Where there is breach of confidential information under non disclosure agreement of company in
such case it comes to knowledge of third party by committing misappropriation of documents,
4 Brandl, K., Darendeli, I. and Mudambi, R., 2019. Foreign actors and intellectual property
protection regulations in developing countries. Journal of International Business Studies, 50(5),
pp.826-846.

theft then it is right of organization to file legal suit against the person taking part in any illegal
activity by disclosing trade secrets of company due to which huge loss is suffered by enterprise
damaging its image in market. This may take place when an individual not related with such
information uses it to reveal in market has infringed the policy of company. Such secret under
trade secret has no value when it is known to everybody. The person who leaks the data is
obligated and liable to pay compensation. But where such trade secret comes in knowledge from
organization assistance then it is not called misappropriation of trade secret5.
TASK 2
Copyright is referred as one of the major facets of Intellectual Property Rights. Where the the
owner or producer of any work created by it has right to possess. With the due permission of
authorised person privilege to copy . Such activity must be extraordinary fresh and distinct. For
instance musical, artist, literary,musical, architectural work etc. It further safeguards from any form
replica without unauthorised consent of possessor. There are various principles of copyright as
follow-
 The application of copyright under IPR varies at large scale. It mainly involves safeguarding
work like literature,computer software,creative work etc. This includes anything which can be
seen, heard, interpreted secured under this act.
 The protection provided for particular work when such creation involves raw idea of author
manufactured through any form of transmission putting out in society on piece of paper or
any other device etc. The requirement for registration and notice formal procedures is not
needed any more.
 Such artefacts created by owner is protected for years under copyright law lasting even
after death of owner till 70 years. It varies in accordances with different types of work as
publicised or not. After its expiration the work comes under public eye. In the case of hire
such activity is safeguarded for about estimating from 95 years from publishing it till 120
years after creating it. The regulation under this are complex other than the tenure.
 There are many such work which are not protected under copyright laws and can be used by
anyone without any authorisation irrespective of any limitation and pre notion. Other than that
factual, idea, discovery, measures are not secured under copyrightable law.
5 Brewer, M.K., 2019. Slow fashion in a fast fashion world: Promoting sustainability and
responsibility. Laws, 8(4), p.24.

Trademark refers to any symbol, mark which helps in representation of work in visual
communication differentiating products and services from others in its domain. The protection
provided are such laws to figures, alphabets, fonts,number,configuration, design etc. After
registration by owner it aids in safeguarding the owner can possess solely rights of such goods where
any damage is caused the defaulter is liable to compensate the proprietor. Where the action passing
off under English legal system comes into being where the possessor has right to arouse even if its
mark is not registered. Goodwill of certain product leads consumer to focus on specific seller where
any other seller uses similar mark or symbol to create confusion in the minds of society will be liable
for infringement. This is where passing off comes in action. Elements of trademark are as follow-
 The quality it offers is distinct from other goods in market and description given with
respect to legal formalities of such services elaborating its factors . It is further determined in
terms of how society responds to such product.
 Where the product is generic it is not used in proper way even if its in detail form then also
such trademark will not be registered. It does not carry functional aspect of goods regarding
such laws.
 In some cases description of services is known by suggestive mark which suggests
characteristics about goods. It is considered by organization constantly to be effective form
of trademark. Other than that creative, absolute,created verbally. These marks shows its
strength in IPR.
 Whereas, arbitrary mark comes in existence after series of words having general meaning
without any reasoning such goods are linked with other.
 On other hand, fancy and coined mark are those with distinct nature combined from other
terminologies without any logic behind it. But is considered that if a mark is fanciful and
coined exclusively then it comes under ambit of powerful trademark in IPR.
In copyright law at International level, WIPO, Berne convention,TRIPS, Universal Copyright
Convention are enforced to regulate protection for their specific work of proprietors. Whereas, in
European Union there are EU Directives, 2001, specifying certain guidelines to register and
safeguard work of owner. United Kingdom, specifies protection of copyright possessor in
Copyright, Design and Patent Act, 1988 there is no specific legislation in its regard. It is derived
from the EU directive playing major role in its enforcement.
Under International Law, Trademark law treaty was introduced in 1994 with the objective to
regulate and contour domestic and local registration process of trademark. It came into existence with
the view to simplify and harmonize characters of such law. This resulted in enforcing and
management of legislation into various domain less complicated and foreseeable. European Union,

Community Trademark System established in 1996 with the aim to provide affordable services for
safeguarding mark of such goods and services by registering in sole institution. It covers all countries
under European Union under this community preventing unlicensed person to access such services
to confuse and overlap with similar one to the proprietor product . In United Kingdom, Trademark
Act 1994, protects the rights and its legal compliances under English legal system as rights of
possessor6 .
There are certain bars with certain advantages in protection of copyrighted work as follow.
One, first sale belief as an exception to distribute rights of proprietor. It infers that owners losses
their right of distribution in particular medium of services with respect to their creative work in
copyright laws after it is sold-out.
Second, enforcement of Digital Millennial Right Act, 1988 has huge impact on online platforms
owner in case of infringement liability by possessors even when its not related with such forum
through this act. It also defend any misdemeanour using internet web like cached files.
Third, just and fair usage of such copyrighted work aids to transform actions of owner in society.
But its application analysed by the standard amount of work used,infringement it caused , its
behaviour and measures taken to prevent certain act like commentary and parody involving
disapproval and appraisal of such work.
The copyright enforces owner protects original creation to safeguard and generate gain. It is solely
responsible to sell its work or give authorisation to other person. The parties can take legal assistance
in case of violation of creating replica of owner work against defaulter. It is applied in both civil and
criminal facets of legal system. For example- Injunction,fair use doctrine, licensing, restrain of order
etc.
Infringement under copyright laws due to unauthorised act by stranger copying the owner work are
as follow. It occurs mainly when other person creates duplicate of original work by proprietor which
is significant part is copied by such person , sells, distribute or lends in society,showcasing in public
eye, adaptation of such craft and broadcast it without due permission of creator. In the cases
discussed person engaging in such activity liable to pay huge amount of compensation. The first step
is filing legal compliant for causing damage to bear penalty. Second step is where court can even
order injunction in carrying such act prohibiting it further. Third one is when such person is directed
to handover the matter to authority. There are various forms of infringement like computer software
in organization where the license comprising Performing Right Society for musical work etc. Other
one is Phonographic Performance Ltd includes dramatic work, other perform work is infringed by
third person. It is regarded as copyright plagiaristic as criminal omission under legal system of UK.
6 Crosbie, E., Eckford, R. and Bialous, S., 2019. Containing diffusion: the tobacco industry’s
multipronged trade strategy to block tobacco standardised packaging. Tobacco control, 28(2), pp.195-
205.

Trademark comprises of various limitation under common legal system as given. Firstly,
on the basis of function the legal procedure with respect to registration does not exclusively protect
proprietor only certain things are secured. It focuses on fair contest between rivals. Secondly,
geographical bar in trademark plays important role as this law is limited to specific jurisdiction
where the question arises about its validity in specific region. Third, it controls the usage of user right
of work under this doctrine of fair use it extends in situation where the products known by various
terminologies. Fourth, variation in price value, design, packaging restricting in distinct countries
engaging in importing goods in various part of world7..
The application of trademark laws depend on cease and letter desist to defaulter as first step of
enforcement in such case. These sources solely provides pressure on third party to surrender the
matter to possessor. In case where its proved to be non effective then legal suit is filed by litigator
representing parties injured where such action of alleged to be deliberate. In such circumstance it will
be required to award party.
Infringement of trademark is considered in following situation. First, in case where similar goods can
confuse customers associating with original proprietor. Second,where same name is used as
registered mark then dispute may arise between parties losing their unique identity. Third,
publication and advertisement of mark by taking unlawful benefits with respect to genuine activity
varying from other brands its substantial part causing it damage. Fourth,where brands labelled in its
own name without due authorization of owner in packaging and design material etc.
TASK 3
IPR assist in regulation and governance of law in relation with the people creating such ideas.
This act contained provisions for safeguarding the work of owner . This regulation became crucial in
modern era commercial organization which includes patent, design , copyright, trademark as
elements of Intellectual Property. These rights contain certain advantages and disadvantages
prevailing in society as given. To start with pros and benefits of IP law are as follow-
 It is considered as portable form of legislation as it is flexible where any amends is required
without any additional charges regarding invention where its not registered .
 Where the work of proprietor is protected under the provision of such law then the logistic of
competition raises the bar which is unforeseen in reasonable case. This makes rivals of such
7 Iasechko, et.al , 2020. The Investigation of Peculiarities of the Occurrence of Subjective Civil
Rights in Registration of a Patent. Journal of Advanced Research in Law and Economics, 11(3 (49)),
pp.844-849.

company working in same field prohibiting the usage of duplicate form of
design,packaging,sale of such goods being unique from rest of them.
 This legislation also help to produce income in case of license agreement to owner
distributing their rights in parts, whole or by selling through merging and acquiring by any
individual or association8.
 This also provide elementary forms to sale services in market or either can connect with
various fiscal establishment and brokers dealing raising quality of work produced by
proprietor. .
 It gives varied chances for engaging in import export organization at international level via
selling own designs, patterns etc. For instance – Where a person engages in franchise
agreement to market its goods having protection from external threats9.
Some disadvantages and cons regarding IP law as given below-
 Where the services of owner are protected under formal procedure then it may cause
loads of fee incurred in case where the structure of such is complicated to comprehend
referring to pattern, manufacturing process etc. Like cost in relation with procedure of patent
filing, legal counsel for protection of goods and so on .
 The engagement under IP law shifted the focus of many people shifting their approach for
safeguarding goods via such laws. This resulted in reduction of followers in organization.
Where in case such IP rights are decreased in demand then it will directly impact
credibility of goods.
The abuse and misuse of IP law is provided as mechanism in favour under the provision of violation
in Intellectual Property Rights. In case where such action is supported by regulation then burden to
defend itself shall be liberalized. But it does not effect where the case is filed in court for forthcoming
violation. Where proprietor of such work visits after clearing the abuse of such rights for instance
strike against anti competition provisions. It majorly deals in patent unlawful utilisation and
copyrighted misuse. The most talked element of IPR contending abuse are trade secret and trademark
usage in tribunal. The law gives power of exclusion from external forces using prescribed standard.
This separation and segregation from third person does not impact competition legislation in any
ways. This enables the proprietor to hold dominance empowering against other rivals creating force.
Such action of owner may create disturbance in competitive law. It can be seen in patentable and
computer software copyrighted act.
8 Knight, P. and Walmsley, I., 2019. UK national quantum technology programme. Quantum
Science and Technology, 4(4), p.040502.
9 Mendis, D., Lemley, M. and Rimmer, M. eds., 2019. 3D printing and beyond: intellectual
property and regulation. Edward Elgar Publishing.

There are various civil and criminal remedies available against Intellectual Property infringement and
violation as follow10.
The civil relief is provided to specific individual in such cases injunction is delivered by
court. This facet of law is not so serious in nature as compared to criminal aspect. The cases relating
to violation of action without an intent comes under civil suit. It includes unlicensed usage of
services, violating terms of IP Law comes under it. The conduct of police force is included in this
division of law. This does not aid assistance where the unauthorised access by such person
identification is not known then order of investigation is not proceeded. The scope of retrieving
punitive damages is very less. Right to institute case against infringer is available to proprietor only.
Where the work is not formally proceeded then also passing off remedy is available.
Therefore, criminal remedy available in IP law arises any individual generally intimidated
by external force violating or infringing rights. Certain penalty and penalization holding captive is
regulated against person alleged. Such offences are of serious nature where intention of omitting
exists. For instance cyber crime, piracy and counterfeit etc. This also include loosing of goods owned
by possessor. The suit can be filed even if infringer is not known engaging in further examination
giving right of punitive compensation by claimant who can be an association, state, individual etc.
Even it aids protection in situation where such violation not reported by owner even statement of
state is valid.
Industrial Design, protects figures, formation , patterns , colour, font etc. The application of
such applies on particular piece or matter improving its quality and value of appearance with respect
to design. It is considered to be one of form protected under IP laws where sole right is provided to
owner in making, forming, selling and usage of packaging, manufacturing or anything related with
design prospect. A proprietor has righteous claim where such work is registered including
geographical rights. It also include Patent and Trademark design. Some of its essential before
completion of formal procedure are as follow. Firstly, nature of goods must be unique and raw.
Secondly, the application of such product must be applied on structure of various section. Thirdly,
the product must not be predictable it must have substantial matter attached. Fourth, manufacturing
and finishing of product must be in prescribed way. Fifth, non disclosure of agreement and trade
secret should not be revealed before launching it. For instance- car hood, design or style in
cellphones, graphic user interface to shape furniture and other goods etc.
The English legal system has complicated structure with respect to safeguard designs. There
10 Morris, P.S., 2019. From territorial to universal-the extraterritoriality of trademark law and the
privatizing of international law. Cardozo Arts & Ent. LJ, 37, p.33.

are numerous elements available for it. Such as certified design in their respective community of UK,
undocumented design, in several aspects copyright also provide protection in few design industrious
or not. The application with regards to such design initiated in 2001 which extend until year 2026 in
accordance with UK Legal framework. There are few distinction between registration community act
and registration law of common legal system11.
 Registered Design Act, 1949
The act mainly discuses about features including figures, formation, colour or pattern etc. The
application of this regulation industrialized procedure of law appealing the authority but excludes
formation of such product, factors determining protection of such elements and its physical form .To
claim protection proprietor is required to enter into formal procedure in filing such design in articles.
This mainly deals in Registered law of designing in UK..
 Copyright, Design, Patent Act, 1988
This regulation revised the legal effect of copyright with respect to certain improvement in such
provision as performance right, configuring uniqueness of such design amended under Registration
Act, 1949 regarding agency of patent and trademark making certain changes with effect to avoid any
unlawful practice and punishing those engaging in violation of creators rights introducing legislation
for aiding necessity of people.
Registered Design, comes under industrial law of IP law where they are safeguarded
requiring for proper application undergoing formal procedure of registering the work. It only
governs protection on basis of technicalities separating from its factors. The security given under
such mechanism is for period of 25 years initiated for the date of application. The design protected
under such law are revived license in every five years extending till stipulated tenure. Such design
must be unique and original and non obvious. In case of violation there is no liability upon owner to
prove the duplicate action. The extension of secured amount claimed in various countries other than
UK and aids the owner right to distribute their rights.
Unregistered Design, there is no requirement to register under formal procedure of law . It
can be enforced easily by creators. The sole right in case of infringement regarding duplicate content
against utilitarian and artistic design protection are provided. The tenure for protection varies under
11 Rana, Y., 2020. Internet Intermediaries and Trade Mark Rights.

10 to 15 years from the day of putting on sale in market. There is no provision for renewal period
only requirement is that relevant design must be new and fresh distinct from others prevailing in
market. The onus to proof is on owner showing evidence that third person has derived from its
designing plan. It governs such law under limited countries. Whereas, the possessor has ability of
selling the license to other person12.
Conclusion
The above report give detail analysis covering various aspects of Intellectual property
12 Shukla, N., 2019. A Comparative Analysis of Contemporary Laws Related to Copyright in
Australia, the UK and the USA. IUP Law Review, 9(4).

including industrial law under it. Under this intellectual property was defined discussing the subject
matter like copyright, trademark etc. It gave contrast opinion on such laws varying legislation under
European countries, United Kingdom and international law representation and its impact on society.
It further discuses about confidential information like trade secrets. Also talks about principles of
copyright and trademark elements representation at EU,UK and international level discussing various
regulation and treaties. Moreover elaborates about pros and cons of IP Law and abuse it goes through
talking about various civil and criminal scope of remedy in English legal system of IPR.
Furthermore, discuses about industrial design and its legal framework in common legal system with
detail description of registered and unregistered design introducing legislation under its ambit.
References
Abbott, R., 2020. Artificial intelligence, big data and intellectual property: protecting
computer generated works in the United Kingdom. In Research Handbook on Intellectual
Property and Digital Technologies. Edward Elgar Publishing.
Adu, T.L. and Vander Walt, T.B., 2021. The level of awareness and understanding of
copyright laws and policies among academic librarians in Ghana. The Journal of Academic
Librarianship, 47(3), p.102317.
Ahmad, A.A., 2020. The Impact of Registration of a Single Color as a Trademark on Unfair
Competition: A Comparative Study. Journal of University of Human Development, 6(1),
pp.27-34.

Brandl, K., Darendeli, I. and Mudambi, R., 2019. Foreign actors and intellectual property
protection regulations in developing countries. Journal of International Business Studies,
50(5), pp.826-846.
Brewer, M.K., 2019. Slow fashion in a fast fashion world: Promoting sustainability and
responsibility. Laws, 8(4), p.24.
Crosbie, E., Eckford, R. and Bialous, S., 2019. Containing diffusion: the tobacco industry’s
multipronged trade strategy to block tobacco standardised packaging. Tobacco control,
28(2), pp.195-205.
Iasechko, et.al , 2020. The Investigation of Peculiarities of the Occurrence of Subjective
Civil Rights in Registration of a Patent. Journal of Advanced Research in Law and
Economics, 11(3 (49)), pp.844-849.
Knight, P. and Walmsley, I., 2019. UK national quantum technology programme. Quantum
Science and Technology, 4(4), p.040502.
Mendis, D., Lemley, M. and Rimmer, M. eds., 2019. 3D printing and beyond: intellectual
property and regulation. Edward Elgar Publishing.
Morris, P.S., 2019. From territorial to universal-the extraterritoriality of trademark law and
the privatizing of international law. Cardozo Arts & Ent. LJ, 37, p.33.
Rana, Y., 2020. Internet Intermediaries and Trade Mark Rights.
Shukla, N., 2019. A Comparative Analysis of Contemporary Laws Related to Copyright in
Australia, the UK and the USA. IUP Law Review, 9(4).