RTCoopers Online FAQ

Copyright protection in the UK arises automatically by an operation of law.

http://www.rtcoopers.com/inexcusabledelay.php

Can a copyright work be registered in the UK?

There is no system of registration. However, copyright registration can be obtained in the USA for certain copyright works.

What types of works are protected by copyright?

Copyright protection can be afforded to various aspects of work such as literary, dramatic, artistic works, including, research notes, books, recipes, computer programs, typographical arrangements of published works including articles or lecture notes.

What is the test for copyright protection?

For copyright to subsist in a work there has to be some element of originality and the test is the degree of skill, labour and judgement expended by the author in the creation of the work.

Who owns the copyright?

The author of the work owns copyright, unless the work was created during the course of employment, in which case, the copyright belongs to the employer.

How long does copyright last for?

Copyright lasts for the life of the author plus 70 years. 
 
What are good housekeeping rules regarding copyright protection?

A company should, as part of its good housekeeping rules, place copyright notices on all original, texts, scripts, sketches and diagrams and other copyright work. For e-businesses, a copyright notice should also be placed on a website.

What amounts to copyright infringement?

If a third party infringes copyright material, whether it is the copying of text from a website or a published article, the owner of the copyright has the right to bring an infringement action to stop the copying of such material. The remedies are the same as described above. 
 
http://www.rtcoopers.com/copyrightinfringement.php
 
What are brands?

Goodwill and reputation protect the brand of a business.

Can a company sue for infringement of a brand by a third party?

A company can bring an injunction for the unauthorised use of its unregistered trade mark to stop a third party from passing off its name. In order to succeed in a passing
off action, a company must have the necessary goodwill and reputation and satisfy certain other criteria. One of the most important criteria is that the company bringing the claim must be able to show confusion on the part of the public. This is usually achieved by using survey evidence, which is generally expensive to collate. The remedies available are the same as for a trade mark infringement action.  For a recent case on brands see http://www.rtcoopers.com/deception_or_confusion.php.

How can confidentiality/know-how be protected?

Confidentiality protects other information not capable of IP protection, such as an invention before a patent application is filed, know-how, including commercial information, recipes, trade secrets, processes and improvements to products. In order for an invention to be protected by the law of confidential information, the information must have the necessary quality of confidence.
It is therefore crucial for the owner of an invention to enter into a confidentiality agreement at the outset of any negotiations relating to an invention. The agreement must specify:

• What information has to be kept confidential;
• How long for;
• The purpose for which the information is to be disclosed; and
• Any other limitations placed on the use of the information.

What are the remedies for breach of confidentiality?

The remedies for breach of confidential information are the same as for IP infringement. 
 
What is IP Insurance?

IPRs are valuable assets and, as such, should be protected to the fullest extent. Litigation can be very expensive whether a company is bringing or defending an action. There are specialist types of legal expenses insurance policies available for safeguarding or defending against:

• Infringement of IPRs;
• Actual or alleged breach of contract; or
• Defending a challenge to the validity of the insured’s IPRs e.g. the validity of a patent.

 What are the key issues involved in IP protection?

The following checklist should aid you in assessing whether your company has a sufficient level of IP protection. The list is not in anyway exhaustive.

IP Issues

Patents
• Is the invention capable of patent protection? 
• Have the relevant patent searches been carried out?
• Is there a risk of infringing a third party’s patent?
• Has the invention been disclosed in any form to a third party?

Copyright
• Is the work original? 
• Who owns the copyright in the work?
• Have copyright notices been placed on all original work?

Design
• Is the design original?
• Is the design commonplace?
• Who owns the design? 
• Trade Marks and Brands
• Who owns the trade mark?
• Have the requisite trade mark clearance searches been carried out?
• What is the trade mark filing strategy?
• What is the risk of infringement and/or passing off?

Know-how
• Is the know-how kept secret and identifiable?
• Have any know-how licences been granted?

Patents
• Has the invention being disclosed in anyway, anywhere in the world?
• Was the invention disclosed under an obligation of confidence?
• Did the parties sign a confidentiality agreement?
 
Designs
• Has the design been disclosed to a third party?

Confidentiality
(Protects information as long as the information remains confidential)

• Has the inventor entered into a signed confidentiality agreement with a third party?
• Is there a third party in breach of confidential information imparted to it?
• How does the individual or company keep information confidential?
• Have all relevant information been marked as ‘strictly confidential’?
 
E-business

• Does the company have well drafted Terms and Conditions?
• Does the company have all relevant notices on its website?
• Does the company own all copyright and other IPRs on its website?
• Does the company have the relevant data protection notice on its website?
• Does the company’s advertisement comply with the relevant UK Codes of Advertising and legislation?

Risk Management

• Does the company own all its IPRs?
• Does the inventor or its employee’s keep written records of developments?
• Are research notes written, dated and initialled?
• Does the company require a data protection certificate?

Insurance

• Does the company have adequate insurance cover?
• Does the company have a specialist IP or ‘cyberliability’ insurance?
• Has the company undertaken an IP audit?
• If so, has the audit identified any other invention, which should be exploited?