Most intellectual property rights are based on statutes adopted over the centuries. Whilst the origin of most of the rights is of great antiquity, they are updated regularly, increasingly in response to European legislation as well as domestic pressures, and all the major rights have been reviewed over the last 20 years. Rights can be split into two categories:
- Registrable rights - these only apply after they have been registered with a governmental agency and generally have grant and renewal fees payable to fund the registration process
- Non-registrable rights - these arise automatically and are generally "free" to obtain
Registrable Rights
The key right here is the patent. This is a right for the first person in the world who makes an invention to use and exploit that invention anywhere in the world on a monopoly basis for a 20 year period. Patents are applied for in writing to a number of different patent offices (UK, European or International - UK citizens have to make the first application to the UK office - the government reserves the right to use inventions for defence purposes). They are then "examined" by technical experts at the Patent Office to confirm that they are new, inventive (i.e. not obvious) and otherwise qualify for patent protection (there are a number of important exclusions from patentability, most importantly that a program for a computer cannot, of itself, qualify for a patent). Once examined (and this quite often results in a narrowing of the scope of what has actually been invented), the patent is granted. Renewal fees are payable to keep the patent in force for its full lifetime. Once granted, anyone who uses the invention in the jurisdiction where the patent is in force, regardless of whether they know that the invention is patented, will infringe the patentee's rights and be liable for damages and injunctions to stop that infringement.
In addition, a number of lesser rights, such as registered design rights, which have narrower scopes of protection and different iefspans but are generall easier to obtain.
Lastly, there is the non-technical, registered trade mark which protects the use of dsitinctive brand names. Unlike all other intellectual property rights, trade marks can be maintained for ever - UK trade mark No.1, which is the red triangle used in relation to Bass beer, is still in force and, thankfully (!) in use.
Non-registrable Rights
These rights are all variants of copyright. Copyright is pretty well what it says it is, i.e. a right to stop other people copying what you have done. It is narrow, in the sense that copying is interpretted as copying a substantial part of something slavishly (i.e. it does not extend to "taking ideas"). However it is long lasting (70 years from the death of the author) and free. Copyright arises automatically once someone makes a new thing - there has to be a degree of creative input - one cannot obtain copyright in a copy - but it is a relatively law hurdle to jump.
The technical variant (used to protect non-artistic designs) is called design right and generally lasts for less time, but is otherwise much the same. In addition there are a number of "specialist" rights such as the right to stop copying of microchip layouts and the right to stop use of databases.
Copyright infringement can only be committed by someone who actually copies a work, unlike the registered rights which run against the whole world.
We at VS&H are expert in most aspects of intellectual property law, although we do not generally undertake full scale litigation over the rights.
For further information please contact:
john.davies@vshlaw.co.uk or
martin.jinks@vshlaw.co.uk | 
