Introduction to the Trade Marks Act 1994. What is a trade mark – a sign – capable of graphic representation – distinctive of a business. The grounds for refusal to register – absolute grounds – relative grounds. Specially protected emblems. Revocation of registration and invalid registrations. Infringement of a trade mark – meaning and secondary infringement. Application process – direct in person application to the Intellectual Property Office.
The Copyright, Designs and Patents Act 1988. Conventions on copyright and TRIPS. Copyright and the expression of an idea in which a minimum amount of effort and skill is invested. The classification of works that may attract copyright and the need for the author to be a qualifying person. The first owner of copyright and the position of employees. The rights of copyright owners and the duration of copyright. Primary and secondary infringement of copyright. The circumstances to be proved to establish infringement of copyright. Defences in an action for infringement of copyright – fair dealing – incidental inclusion – public interest – library uses – educational uses. Remedies for breach of copyright.
The origins of the common law action in passing off. The essential requirements – goodwill, misrepresentation and damage. Goodwill in invented words, descriptive words, real names, in packaging and styles of advertising. The exclusivity of goodwill to the claimant trader – the effect of the passage of time – geographical limitations. Misrepresentation and deception, innocent and unintentional misrepresentation.
