Resources

What is the difference between Piracy and Counterfeiting?

The term “counterfeit” describes fake goods. The term “piracy” describes the act of reproducing movies, music, books or other copyrighted works without permission from the copyright owner. 

What are Trade Marks, Copyrights, Registered Copyrights, Registered Designs, and Patents.

There are numerous ways that you can protect your creations, whether they are artworks, artistic works, designs, inventions, brand names or logos. These can all be protected, both nationally and internationally by registering with the appropriate official body.  Registration gives the owner control of their rights under the protection of the registration and enables them to take legal action against those infringing these rights.

The length of time these registrations remain in force depends on the type of registration.

What is a Trade Mark?

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

Registration gives the owner control over who can use the mark in the geographical area covered by the registration and in respect of the class of goods and/or services for which it is registered. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. 

Trademarks are usually for 10 years from the date of application, at the end of which it can be renewed if desired. 

Trademark registration enables you to take action via the courts against someone else using the same or a similar mark.

What is a Copyright?

Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. There is a presumption of ownership without registration.

The copyright owner has the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

Copyright lasts for the author’s lifetime plus 70 years.

Whilst there is a presumption that this is your work even without notice or registration, you cannot seek a claim for copyright infringement unless the work is registered.

What is a Registered Copyright?

A registered copyright is a protection provided for an original tangible work. With regard to Intellectual property this includes; Artworks, pictures, photographs, written works (articles, online courses, blog posts, e-books), music etc.

Copyright lasts for the author’s lifetime plus 70 years.

Registering a work formally establishes a public record of ownership, it establishes the date of creation and it is required prior to bringing an action for infringement. Your work does not have to be published to register copyright of your work.

Copyright registration enables you to take action via the courts against someone else using or reproducing your original tangible work.

What is a Registered Design?

Design registration is a means to protect the visual appearance or design of a product.

A registered design gives the owner the right to control who can make a product having the appearance protected by the registration in the geographical area covered by the design registration.

A registered design may stay in force for a maximum period of 25 years from the date of application depending on the countries in which it is filled. 

A Registered Design enables you to take action via the courts against someone else manufacturing or selling products made to the same or a very similar design to that covered by the registration.

What is a Patent?

A patent for an invention is the grant of a property right to the inventor. A patent includes a set of claims or definitions which define what is protected.

A granted patent gives the owner the right to control who can make the product or use the idea or the process covered by the claims in the geographical area covered by the patent. It grants “the right to exclude others from making, using, offering for sale, or selling”.

There are three types of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

 Once granted a patent may stay in force for a maximum period of time, usually 20 years from the date of application.

It enables you to take action via the courts against someone else manufacturing a product, or using an idea or process, covered by the claims.