What everyone needs to know about copyright law

Copyright law is the law that governs rights to creative works and inventions. The most common rights of this type are patents, copyrights and trademarks.

COPYRIGHT
Copyright is a right that gives the creator of an original work exclusive rights over it. This right extends to most literary, dramatic and artistic forms. Copyright is not indefinite, but lasts for a limited period. This term will vary according to the type of work, and ranges from 25 years from the date of publication to 70 years from the date of death of the author. Copyright exists automatically and does not require any form of registration for the creator to have copyright protection.

PATENTS
A patent represents a series of rights granted by a national government, which effectively grants the patent owner protection and exclusive rights of exploitation in relation to an invention. Not everything can be patented; Patents will only be granted for something that is an invention, and that is novel, inventive, and useful or industrially applicable.

Where a difficulty arises in UK law is deciding whether something is an “invention”. For any invention involving a tangible physical object, this is rarely an issue, but the law is reluctant to apply “invention” status to intangible processes or systems. This generally extends to computer software, which is notoriously difficult to patent (although it will be subject to copyright).

Patents can be obtained in the UK and other countries. There are also international patent granting authorities, such as the European Patent Office and the International Patent Office. Many countries around the world accept the validity of internationally granted patents. Patent registration is a highly specialized area and is generally handled by experienced patent attorneys.

BRANDS
A brand is a distinctive indicator used by a company to identify itself. This can simply be a word or phrase, but it can also be a logo, sign, or image. Trademarks can be registered for additional protection, but even if a trademark is unregistered, the owner still has significant protection against use by a third party, if the trademark owner can demonstrate established use and the perception in the eyes of the public of the association of that mark with the owner of the mark.

There are also rights in UK and European law to protect design rights. This can be useful for a company that produces goods that have a special or distinctive appearance.

All of the above are collectively known as intellectual property rights. Generally, such rights may be sold or transferred permanently or, if the original owner wishes to remain the owner but is willing to allow others to use the rights, may be licensed permanently or for a finite period, and the licensee acquires exclusive property or non-exclusive rights, as agreed between the parties.

Intellectual property rights can often be significant in corporate mergers and acquisitions; it is common that the main imperative behind the acquisition of a company is the guarantee of the intellectual property rights of the company. Therefore, it is important that any business that relies on intellectual property take the necessary steps to protect and secure that intellectual property in order to preserve the value of the business.

When looking for an intellectual property attorney, it is a good idea to look for a law firm that has extensive experience and expertise in dealing with intellectual property matters, including licensing and transfer of rights and handling disputes over alleged infringement. of rights. A good intellectual property attorney will take a realistic, businesslike approach to your needs and will make sure they understand your business and the way it operates, to understand the value of intellectual property rights to you and the best methods to protect them.