francis davey 'a smattering of ip

A SMATTERING OF IPFrancis Davey

What is intellectual property?

• A kind of property

• created by statute

• devolve like property by will or intestacy

• attract proprietary rights (protection via injunction, account of profits etc)

• assignable etc

• Each carries a bundle of “rights”

• may only be done with the owner’s permission

• exercising right without permission is normally an infringement

• many and complex exceptions

UK intellectual property

• Patents

• Copyright

• Performer's property rights

• Database right

• Designs

• Registered designs

• Design right

• (semiconductor topography)

• Community designs (registered and unregistered)

• Plant breeders' rights

• Trade Marks

Duration

Copyright, except: Life + 70 years

broadcasts 50 years

sound recordings and rights in

performance

50 years 70 years

typographical editions of published works 25 years

Database right 15 years

Design right 15 years

(semiconductor topography) 10 or 15 years

Community unregistered design 3 years

Registered designs (UK + Community) 25 years

Patent 20 years

Plant breeder’s rights 30 years (potatoes, trees and vines)

25 years otherwise

Trade Mark Until revoked

Copyright

Copyright: LDM works

• Literary

• anything written, spoken or sung

• includes computer programs and preparatory work

• excludes databases

• Dramatic

• includes dance or mime

• Musical

• .. but none of the above

Artistic works

• Artistic works

• graphical work

• painting, drawing, diagram, map, chart or plan, and any engraving, etching,

lithograph, woodcut or similar work

• photograph, sculpture or collage

• ... artistic quality irrelevant

• work of architecture

• building

• model for a building

• work of artistic craftsmanship

• Photographs

• any record of light or other radiation

• not part of a film

Copyright: other works

• Films

• Sound recordings

• Broadcasts (and cable programmes)

• Typographical editions of published works

Copyright: rights

• Copying (all or a substantial part)

• Issuing copies to the public

• Renting or lending to the public

• Performing, showing or playing the work in public

• Communicate the work to the public

• Making an adaptation of the work

• or doing any of the above in relation to an adaptation

Rights in performance

• Live performances

• performers

• person having recording rights

• Some property rights

• copying

• issuing copies to the public

• rental or lending

• making available to the public

• Rights against illicit recordings

Copyright exceptions

• Temporary copies

• Fair dealing

• non-commercial research and private study

• criticism or review (of a work)

• news reporting (but not for photographs)

• Computer programs

• backup copies

• various reverse engineering exceptions

• Public interest

More exceptions....

Visually impaired 3

Education 6

Libraries 11

Public administration 6

Other 28

Total 54

Databases

• Database

• collection of independent works, data or other materials

• arranged in a systematic or methodical way

• individually accessible by electronic or other means.

• Database directive

• copyright – “own intellectual creation”

• database right

Database right

• Substantial investment

• obtaining

• verifying

• presenting

• Infringed by

• extraction

• re-utilisation

• Substantial part

• repeated insubstantial acts may become substantial

Fixtures Marketing etc

• Lists of football fixtures highly valuable

• First case, ECJ:

• you didn’t collect the information

• no rights for own data?

• Second case:

• its really creative so subject to database copyright

• anyway, UK database copyright survived

• referral to the ECJ