Intellectual Property Rights and Data Privacy: A Comprehensive Report

Desklib provides past papers and solved assignments for students. This report analyzes intellectual property rights.

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Intellectual Property and Data Privacy

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Contents
Introduction................................................................................................................................3
Intellectual Property Rights........................................................................................................4
Case analysis..............................................................................................................................6
Critical analysis..........................................................................................................................7
Personal Reflection....................................................................................................................8
Conclusion..................................................................................................................................9
References:...............................................................................................................................10

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Introduction
Intellectual property helps a business or individual to protect their designs or innovations that
they have come up with. There is an enormous contribution made by the intellectual property
to both national and state economies. The organizations can increase their competitiveness by
using intellectual property rights available to them. In this report, a brief discussion and
analysis of intellectual property rights are carried, and a case has also been analysed.

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Intellectual Property Rights
Intellectual property is the ideas or innovations that the organisation or any of its employees
have come up with. These unique ideas are the ones which are owned by the organisation and
cannot be copied by anyone else. The things which can be included in intellectual property
consist of things like:
 Books
 Logos
 Punch lines/taglines
 Name of businesses
 Slogans
Intellectual Property rights are the rules and regulations which are the individual’s property
rights. The intellectual property law helps in protecting all of these ideas that are developed
by the organisation. They are present so that other organisations do not copy or steal other
business ideas or innovations. There are different types of intellectual property laws which
are present to safeguard the ideas of the business. Here are some of them:
 Copyright is given so that it protects the individual’s rights of their imaginative or
creative work. This is usually used in music or performances. Copyright forbids other
businesses from copying the same idea and making profits from it.
 Patent rights, on the other hand, are for the original work of an individual. Businesses
profit from this as the products that they make would be under this right. Other
business cannot copy this product in any way or a case will be issued against them. A
patent has a limited number of years and has to be renewed each time.
 Trademarks are those which are used for the business logos or slogans that they have
developed. Trademarks can last for a lifetime, unlike patents which only last for a
couple of years.
 Geographical Indications rights are those which are specified to a certain area. For
example, each State in Canada can have a different geographical indication which will
make it unique from the rest of the States.
There are many issues that can be involved while making intellectual property. These issues
become barriers for businesses when they want to make an entity an intellectual property.

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TRIPS (Trade-Related Aspects of Intellectual Property Rights) are used to solve such issue.
These issues are:
1. Nowadays it is necessary for all countries to shift from the original patenting
processes to patented products. This can be difficult for companies such as food
because the main thing that is needed for protection from stealing recipes.
2. Sometimes during an emergency, there are some governments which would ask
organisations to make the product irrespective if they have the patent right or not.
This situation is the main problem for pharmaceuticals.
3. In underdeveloped countries, people do not know about intellectual rights and if they
do invent something new with proper knowledge of their property rights then they
will land in trouble. They could also run in a loss if the intellectual rights are not
followed properly.

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Case analysis
The case with reference to the importance of intellectual property rights referred here is
Nestlé v Cadbury [2017] EWCA Civ 358. In this case, the Court of Appeal confirmed that the
shape of the Kit Kat bar cannot be registered as a trademark. Based on the case facts, an
application was made by Nestle for registration of its Kit Kat chocolate shape as a trademark
in the UK. However, Cadbury opposed this application stating that there was no distinctive
character in the trademark. The High Court was found to be of the same opinion and stated
that the trademark cannot be registered as there was no distinctive character. Though Nestle
was not happy with the decision and filed for an appeal. In the application for appeal, the
company stated that if the chocolate is presented to the public with shape, they will recognise
the same as Kit Kat.
The Court of Appeal also couldn’t agree with Nestle and stated that the shape was not
distinctive enough to be registered as a trademark. It was further pointed that the shape was
never used by Nestle as a trademark in isolation and the shape is obscured by packaging and
also this shape was never used by Nestle to promote the product (Serjeants, 2017). Therefore,
it cannot be believed that the public would perceive the shape as it originated from Nestle.

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Critical analysis
The need to copyright and trademark is necessary in order to develop authentication and
potential right on the item and services an individual or a company has been making. But the
need to get a patent and copyright within an appropriate time interval is necessary. This is
mandatory to save the knowledge and structure of the product within the organization.
Copyright, patent and trademark does not effectively support the development of an
organization by making an effective adaption of all the regulations and policies associated
with the same. There can be issues like saving authentic and traditional art forms within the
organization and patenting the design in order to save them from being stolen or copied, the
copyright gives them certain assurance of originality of design and structure involved in the
process. This has been affecting the development of cultural forms. The impact can be seen
on the colour scheme and potential substitutes associated with the growth and development of
potential features in the product. The need for copyright, patenting and trademark can be
effectively seen on the development of the art for future aspects in the market.
Copyright is mandatory to maintain the purity and development of an organization and
making effective application of the same in the growth and sustainability of art form. For
many organizations, this is necessary to see the application of their programs and products
are being invested in an accurate form. The need for copyright is to protect the identity and
efforts of creator thus the same helps in reducing unauthorized duplication techniques. This
is helpful for artist, writers and other people producing creative work. At times the cost
involved in the processing of copyright and data privacy affects the cost structure involved in
the development of authenticity of the art form. At times the rights are not given which
generates the same issues in future also. These issues can be resolved by giving full rights to
the owners and providing full ownership to the creator. There are many cases in which there
is no provision for parody work in the government thus the same has been exploiting the
image of the original worker and affecting the authenticity associated with them. These data
protection features give an ambiguous response to the people involved in the process thus
affects the long term association of rights with the development process associated with the
art form.

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Personal Reflection
It is necessary to involve in the protection of various features associated with the design and
production of the product. I believe it is mandatory to get the idea patent before being stolen
patent for me is a period of twenty years that restrict all the external parties to put any effort
and any features associated with the growth of the business condiments. The need for patents
in business is also associated with the protection of originality in any art form. I believe that a
patent is a good step but the same it was given for a very small time frame this affects further
development in future. Another concept that has been noticed in the process of design
regulations that defines a set of rules and regulations that has to be followed by an individual
in order to deal with the subsequent enlargement of the business.
I believe the need of design regulations is good in order to deal with the various features
associated with safety regulations of the design. But I feel at times these factors have been
affecting the design and the creativity of the designer and limiting them in a particular form.
This kind of behaviour has been the further development of art. The need for design
regulations I believe is good to protect the uniqueness and structure of the design thus the
same has to be done with a detailed structure. I believe design regulations do have good input
in the growth of the design standards. In my opinion, intellectual property rights are
instrumental to any business’s value. The establishments which rely upon the innovative
products and ideas get the ability to protect such ideas, original processes and inventions by
intellectual property rights.

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Conclusion
Intellectual property is a way in which a business or an individual can protect its original
ideas, processes, creations or inventions. If any of the intellectual property rights are violated,
then there are serious legal consequences. Copyright, Designs and Patent Act 1988 show the
different ways in which a business or person can safeguard their intellectual property.
Copyright and trademark are two important things which should be taken into consideration
while planning for any business involving creations and innovations. Copyright allows a
person to sell their original piece of work in many forms across the globe. Due to this right
nobody can copy the work of others. A trademark, on the other hand, is mostly used in
businesses which compromise of symbols and other medians that the business owns.
Therefore, intellectual property rights including trademarks, copyrights, designs or patents
are all significant for ensuring that the businesses or individuals protect their innovations and
are able to keep an identity on their creations.

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References:
 BIP Counsels, 2017. Privacy and intellectual property: Are we trying to kill the snake
with a log? BIP Counsels. Retrieved from https://www.bananaip.com/ip-news-
center/privacy-intellectual-property-trying-kill-snake-log/
 Cornish, W., Llewelyn, D. and Aplin, T., 2003. Intellectual Property: Patents,
Copyright, Trade Marks and Allied Rights (6 th. London, Sweet & Maxwell.
 FindLaw, 2019. What is a Copyright? FindLaw. Retrieved From
https://smallbusiness.findlaw.com/intellectual-property/what-is-copyright.html
 FindLaw, 2019. What is a trademark? FindLaw. Retrieved from
https://smallbusiness.findlaw.com/intellectual-property/what-is-a-trademark.html
 Legal Career Path, 2019. What is intellectual Property? Legal Career Path. Retrieved
from https://legalcareerpath.com/intellectual-property-law/
 Serjeants, 2017. Intellectual Property case roundup 2017. [Online]. Available at:
https://serjeants.co.uk/2017/11/29/intellectual-property-case-roundup-2017/
[Accessed on 20 March 2019].
 World Trade Organization, 2011. Current issue intellectual property. World Trade
Organisation. Retrieved from
https://www.wto.org/english/tratop_e/trips_e/trips_issues_e.htm