Intellectual Property Rights Overview

There are four main types of Intellectual Property (IP). Each protects a different aspect of an idea or product.

PATENTS

• Patents protect technical inventions, e.g., how things work or the way they are made.
• Inventions must be new, i.e., technically different from existing products, concepts, or scientific literature.
• Inventions must have an inventive step, meaning the technical differences must not be obvious to someone working in the field or just routine modifications.
• Protection lasts up to 20 years and allows the rights holder to prevent infringing acts, including:
  • Making, Selling, Importing,or using the patented invention.

DESIGNS

• Design rights protect aspects of a product’s shape and appearance (e.g., colors, contours, or graphical computer interfaces).
• Designs must be new and possess individual character, meaning they must produce a different “overall impression” on somebody familiar with the design field.
• Limited design rights arise automatically, but stronger protection can be obtained by applying for a registered design right.
• Protection lasts up to 25 years in the UK and Europe and allows the rights holder to prevent infringing acts, including:
  • Making, Selling, Importing, using a product made to the design or to which the design is applied.

Note: Patents and registered designs are powerful monopoly rights: third-party products can infringe these rights even if no copying took place.

TRADE MARKS

• Trade marks protect signs such as brand names and logos and inform consumers of the commercial origin of goods and services.
• Trade marks must be distinctive.
• Protection for registered trade marks can last indefinitely, provided renewal fees are paid.
• Rights holders can prevent competitors from using the same or similar trade mark for same or similar goods or services.

COPYRIGHT

• Copyright protects the expression of an idea in:
  • Literary works (including computer code)
  • Music, Dramatic works, Artistic creations
• To qualify for protection, the work must be original.
• Copyright arises automatically on creation of the work, though in some countries (e.g., the US), registration is advisable.
• Protection lasts until 70 years after the creator's death and allows the rights holder to prevent infringing acts, including:
  • Copying, or Selling copies of the work.

Territorial Scope

All four rights are territorial, meaning registered protection must be sought in each country of interest. However, there are cost-effective ways of applying for protection in multiple countries through single application processes.

Note: This document focuses on UK rights, though similar protections exist in many countries.