Copyright UK Registered Design UK Design Right Registered Community Design Unregistered Community Design Trademark Trade Secret Database Right Suitability Protects literary, audio & graphical works from wholesale copying and reproduction. Does not protect an ‘idea’ only the way the idea is laid down / recorded. Can be used to protect web content, training programmes, course material etc. Protects the physical appearance of physical products with a distinct character. (Includes protection for 2D and 3D designs, including surface patterns ) Protection for the internal or external shape or configuration of an original 3D design. (Excludes protection for 2D designs, including surface patterns ) Protects Overall appearance of a Design from copying. Protects overall appearance of a Design from copying. Protects marks and signs identifying products, goods or services as originating from a specific source organisation. Ensures knowledge of processes, methods or techniques that cannot be backwardly deduced by inspection, and are not generally known by the public are retained as knowledge assets of the organisation. Prevents copying of structured data content present in web-sites, sets of data, records etc from being copied in whole or to a significant extent where effort has gone into compiling the database. Cost Free <£100 Free From £300. Costs can be found on European Trade Marks Directory OHIM Free Medium £500 to £2,000 depending on scope of protection obtained. Low- depends on cost of ensuring all communications are under NDA Free Time to protect Automatic 3-4 Weeks Automatic Register with OHIM Automatic 3-4 Weeks Fast Automatic Duration Typically 25 years from publication of published works. 25 years provided renewal is done every 5 years 10 years from end of year of first sale, 15 years from design- whichever is 25 years if renewed every 5 years 3 years from first public availability in EEA country Perpetual subject to payment of renewal fee every 10 years and As long as confidentiality / Non Disclosure agreements remain in force. 15 years from last major modification
70 years from author’s death for literary & musical works. (inc. software) earlier. Last 5 years others entitled to a licence use in protected classes within 5 years of application. Territorial scope of protection Berne Convention countries (over 160 world-wide) UK and some Commonwealth countries UK and some Commonwealth countries EU EU UK or UK leading to Europe wide. All jurisdictions where breach of confidentiality actions can be prosecuted. Europe wide. No US equivalent. Process Automatic right. Use of © symbol and University of Bath 20xx helps assert ownership and recognition Application for a Design Registration can be made to the Intellectual Property Office up to 12 months first public display/ Automatic but good practice is to date designs to show creation date Requires registration with OHIM Automatic Separate classes of products or services must be nominated for protection. Application for registration is submitted to Intellectual Property Office. Requires significant efforts to identify the IP and ensure it is recognised and understood to be confidential. Anyone it is disclosed to should be put under Non Disclosure Agreements. Enforcement is via breach of confidentiality actions. It offers no protection against independent development of the same techniques by others where confidentiality is not breached. Automatic Monetisation Multiple low cost, non exclusive licences with standard (non negotiable) Unique products, Licences to reproduce. Unique products, Licences to reproduce. Unique products, Licences to reproduce. Unique products, Licences to reproduce. Licences to use, part of copyright licence packs Competitive advantage, Licences, Consultancy services agreements. Licences to reproduce.