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

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.