INTELLECTUAL PROPERTY LAW The intellectual property law is the area of law that concerns with the rules and provisions for securing the legal rights to inventions, designs and artistic works. The UK Intellectual Property Rights Act The UK Intellectual Property Act, 2014 defines intellectual property as something unique that any person physically creates.
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INTELLECTUAL PROPERTY LAWThe intellectual property law is the area of law that concerns with the rules and provisions forsecuring the legal rights to inventions, designs and artistic works. Just as there are laws availablefor protecting our personal properties and real estate, the intellectual property law helps theindividuals in controlling their intangible assets1. Under these laws, the owners or creators ofworks are provided with certain rights. The most common intellectual property rights includecopyrights, patents, industrial designs, trademarks so on and so forth.The UK Intellectual Property Rights Act The UK Intellectual Property Act, 20142 defines intellectual property as something unique thatany person physically creates. It includes anything from original plays, to inventions andcompany logos. The main purpose of intellectual property law is to safeguard peoples’ interestsin creating new technologies, artistic expressions as well as promoting economic growth. Whichis why, when individuals are ensured that their creative works are well protected, then they willbe encouraged to continue creating things. So, it will help in creating jobs, developing newtechnology, making the society progressive and bringing about changes around us. IPR includesthe following terms:i.Names of products or brandsii.Inventionsiii.Design and look of the productsiv.Writings, music, films and other artistic worksThe law further elaborates that an individual can own an intellectual property if:He/she created it and fulfill the requirements of copyrights, patents, designs etc.He/she has purchased the work from the original creator or a previous user.He/she has also sought the permission to use it from its originator.He/she possess a brand that could be a trademark such as a well-known product name.The UK government in the past had drawn constitutional conventions from numerous sourcesand found the basis for protecting personal rights in general and intellectual property rights inparticular. The intellectual property law came into existence even in the era of royaldelinquencies. In those days the royal charters or stamps were used for granting the monopoly toproduce goods. However, certain novelties misused those powers and the parliament viewed thatsuch royal fervors would be detrimental for free trade. With this observation, the development ofintellectual property law in practical terms took place with a purpose of protecting publicwelfare. Later the intellectual property was regulated under common law. In 1623, the Statute ofMonopolies was enacted that termed all the monopolies illegal. The early copyright privileges,prior to the licensing regime, were granted as monopolies in the form of letters patent. So, we1 'What Are Intellectual Property Rights?' (The British Library) <https://www.bl.uk/business-and-ip-centre/articles/what-are-intellectual-property-rights> accessed 18 October 2016.2 'Intellectual Property Act 2014' (Legislation.gov.uk) <http://www.legislation.gov.uk/ukpga/2014/18/contents/enacted> accessed 17 October 2016.
can say that the modern intellectual property law was based on the practices and ley events of thepast era.1.The UK patent Act 19773It was an Act that aimed to establish a new law of patents applicable to future patents. It tried toamend the law of patents applicable to existing patents as well as giving effect to differentinternational conventions on patents. The different sections and subsections of this Act are givenas follows:1)Patentable inventions(1)A patent can be granted on account of the following conditions:(a)If the invention is new(b)If a process involves an inventive step(c)If the invented product is capable of industrial purpose.(2)The following things shall be considered as inventions for the purposes of this act:(a)Discovery, scientific theory or mathematical method (equation)(b)A literary, dramatic, musical or artistic work.(c)A mechanism for performing mental work, a method for playing a sport or aprocedure for doing a business or a computer program.(d)Presentations of information(3)A patent shall not be granted to any invention that constitutes commercial exploitationthat has a contrary public policy or that could negatively affect the public interests.2)Novelty (1)Any invention shall be considered as new if it not a part of the state of the art.(2)State of the art refers to all the matters that have been made available to the public evenbefore the priority date of the invention.(3)The state of the art in the case of an invention, an application for another patent that waspublished on or after the priority date of that invention should satisfy the followingconditions:(a)The matter was contained in the application regarding the other patent.(b)The priority date of that matter is earlier than the invention.The European Patent Convention3 'The Patents Act 1977 (As Amended)' (www.gov.uk) <https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/354942/patentsact1977011014.pdf> accessed 18 October 2016.
The Article 52 of European Patent Convention4 provides guidelines for patentable inventions. Itsays:(1)The inventions in the field of innovation and technology shall be granted patents if theyare new and involve an inventive step with industrial use.(2)The following elements shall be considered as inventions within the meaning of Sec (1):(a)Discoveries, scientific theories and mathematical models and methods(b)Aesthetic creations such as literature, drama or music(c)A mechanism for performing mental work, a method for playing a sport or aprocedure for doing a business or a computer program.(d)Presentations of information.(3)The Section (2) shall exclude patentability for the activities that are referred only to theextent to which the European patent application relates.So, the patent laws of both United Kingdom and European Union largely conform to each other.However, any granted UK patent can provide protection in the territory of UK, but doesn’t haveinfluence elsewhere. If an individual plane to sell his patent abroad, he requires to avail aprotection as well. So, in order to protect his patent in more than 30 countries in Europe, heneeded to notify and send application to European Patent Office. When the application is grantedit becomes a separate patents in the countries that he designates. If someone wants to avail protection in individual countries in Europe, he can achieve it byapplying to the national offices of that particular country. The European Patent Office provides afacility with which an individual can claim priority from an existing patent application if heapplies abroad within 12 months of initial application. There are other bodies in Europe thatprovide protection such as Patent Cooperation Treaty (PCT)5.In case of international patent protection, the PCT can greatly help a person. The PCTapplication is being processed as a single application. After that an international search reportand written option is given and finally the application is published around 18 months from thepriority date. Subsequently, the application is processed separately in each country. Using the option of PCT has the following advantages: The international search report reduces the administrative and bureaucratic hurdles in theinitial stages. PCT allows to process a single international application rather than multiple applicationsin multiple patent offices. There is no need to provide names of countries in which protection is required until about30 months from the date of application. Patent Protection in European UnionThe provision of patents is a crucial element in encouraging investment in the field of innovationand technology. The European Commission also continuously feels the need for and effects4 Richard E. Bizley, 'European Patent Convention Defended' (1986) 4 Bio/Technology.5 Nishidh Patel, 'A-Z Of The Patent Cooperation Treaty (PCT)' SSRN Electronic Journal.
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