BU1112 - IP law

Define ‘Intellectual Property’

What can be protected under the Copyright Act and how it can be protected?

• Creators have no rights to reproduce or distribute their work
• Only scientific research papers can be protected
• Protecting works under the Copyright Act is not necessary
• Original works of authorship such as literary, dramatic, musical, and artistic works can be protected under the Copyright Act. They can be protected by giving the creator exclusive rights to reproduce, distribute, perform, and display the work.

Anuradha photocopies an entire book to sell it at her bookstore. Is Anuradha breaching copyright?

• Yes
• Not sure
• Maybe
• No

What can be protected under the Designs Act and how it can be protected?

• The Designs Act protects the functionality of a product, including its performance and features.
• The Designs Act protects the visual appearance of a product, including its shape, configuration, pattern, and ornamentation. It can be protected by registering the design with the appropriate government authority.
• The Designs Act protects the brand name and logo of a product.
• The Designs Act protects the manufacturing process of a product.

what can be protected under the Patents Act 1990 and how it can be protected?

• Only physical products can be protected under the Patents Act 1990 by keeping them hidden from the public
• Trademarks and copyrights can be protected under the Patents Act 1990 by registering with the local chamber of commerce
• Ideas and concepts can be protected under the Patents Act 1990 by publishing them on social media
• Inventions and new processes by filing a patent application with the relevant patent office and meeting the criteria for patentability.

What is a trade mark?

What remedies are available to a plaintiff whose intellectual property has been infringed?

• The plaintiff can only seek an apology from the infringer
• The plaintiff can take no action against the infringer
• The plaintiff can only seek compensation through criminal charges
• damages, injunctions, and account of profits

How can intellectual property be commercialised / make money from?

• By licensing the rights to use it, selling the IP outright, or using it to create and sell products or services.
• By using it as a doorstop
• By giving it away for free
• By burying it underground

Can you think of the mechanism to protect confidential information?

• Non-disclosure agreements

• Posting it on social media
• Leaving it on a public computer
• Sharing it with everyone in the company