Intellectual Property Protection and Enforcement

Overview

Incorporating the latest developments in IP law, Intellectual Property Protection and Enforcement reviews each of the principal forms of intellectual property right available in the United Kingdom, describing the nature of the right itself and explaining:

• How rights arise or can be obtained
• How rights can be exploited
• What is necessary to protect rights from erosion or loss
• What actions will constitute infringement of a right, under either civil (enforced by the owner) or criminal (enforced by public authorities) law
• What remedies are available to the owner of the right, once infringement has been proved.

Each chapter can be read on its own for convenient reference, and the introduction to each chapter also makes it clear where awareness of another section may be useful.

Content

1. Introduction

2. Patents
Introduction
Basic requirements
Validity
Infringement
Remedies
Other points to note

3. Trade marks
Introduction: trade marks, registered and unregistered
Basic requirements
Valdity
Infringement
Civil Infingement
Criminal Infringement
Other points to note

4. Passing off – the protection of unregistered trade marks
Introduction
What is the right?
Infringement
Who can sue and be sued
Remedies
Practical pointers

5. Copyright
Introduction
Basic requirements
The rights obtained: copyrights and moral rights
Duration
Ownership and dealings
Collective administration
Infringement
Practical and anti-piracy measures

6. Registered designs
Introduction
Requirements for registration
Exceptions to registrability
How to register
The monopoly obtained
Ownership and dealings
Duration
Infringement
Other points to note
Summary

7. Unregistered design right
Introduction
What designs can be protected
The monopoly obtained
Ownership and dealings
Term of protection
Infringement
Remedies
Threats

8. Trade Secrets
Introduction
Quality and circumstances – what can be protected?
Common situations
Summary
Losing confidentiality
Expiry of confidentiality
Transfer of confidential information
Infringement

Appendices
Further Reading
Useful Addresses

The author

Lorna Brazell practices as a solicitor specialising in intellectual property law. She joined the Intellectual Property Department of Bird & Bird from another London firm in 1994. She speaks regularly on legal and procedural issues relating to intellectual property law, both to commercial conferences and professional organisations.