- Intellectual Property Law Summary Notes!

What's in the Intellectual Property Law Summary Notes?

Table of Contents for Intellectual Property Law Summary Notes

1. Introduction. 5

A. How to use Cram Notes. 5

B. Abbreviations. 5

2. Is there a Breach of Copyright 5

A. Does copyright exist (subsistence of copyright) 5

i. Is it works. 5

1) Literary. 5

2) Artistic. 6

3) Musical 7

4) Dramatic. 7

ii. Is it recorded in a material form. 7

iii. Is it original. 7

iv. Is it subject matter other than works. 8

B. Is the author eligible to hold copyright. 9

i. Duration. 9

ii. Qualification & connecting factors. 9

C. Exploitation of Copyright 9

i. Ownership. 10

1) Who is the owner of any copyright subsisting in the work. 10

2) In what circumstances will someone other than the author have copyright ownership 10

D. Infringement of Copyright 10

i. Direct Infringement 10

1) What is not a substantial part. 11

2) Has a substantial part of the work been reproduced. 11

3) Is there a causal connection between the original and the reproduction. 11

ii. Indirect infringement 12

iii. Authorisation of infringement 12

E. Defences to infringement 13

i. Has there been a fair dealing with the work. 13

1) Definition. 13

2) Research and study. 14

3) Criticism or review.. 14

4) Reporting news. 14

ii. Has sufficient acknowledgement been made. 14

F. Were the authors moral rights breached. 14

i. Right of attribution. 14

ii. False attribution. 15

iii. Integrity of authorship. 15

3. Is there a Breach of a Trademark 16

A. Has the trademark been properly registered. 16

i. Registration formalities (examination of trademark) 16

1) Is it a sign. 16

2) Ownership. 16

3) Is there use or an intent to use. 16

4) Is there a graphical representation. 16

5) Nomination of classes. 16

ii. Is there distinctiveness. 17

1) Inherently adapted to distinguish. 17

2) Inherent capacity to distinguish. 17

3) Distinctive due to prior use. 19

B. Are there grounds for refusal of registration. 19

i. Not capable of distinguishing. 19

ii. Conflicts with existing trademark. 19

1) Substantially Identical 19

2) Deceptive Similarity. 20

iii. Scandalous or contrary to law.. 21

iv. Deceptive or confusing. 21

C. Are there grounds for opposition of registration. 22

D. Are there grounds for revocation of the trademark. 22

E. Has the trademark been infringed. 22

i. Substantially identical/deceptively similar 22

F. Defences. 23

4. Is the Patent Registrable 23

A. Is the invention patentable. 23

i. Examination of application. 23

ii. Patentable subject matter 24

iii. Novelty. 25

1) Prior art base. 26

2) Anticipation. 26

3) Exceptions. 26

iv. Inventive step. 27

1) How is Inventive Step Assessed. 27

2) Who is the 'person skilled in the relevant art'. 27

3) Common general knowledge. 28

v. Innovative step. 28

1) What Constitutes an Innovative Step. 28

2) How is Innovative Step Assessed. 28

B. Is the patent open to revocation of its registration. 29

i. Utility. 29

ii. Secret use. 30

5. Is there a case for Passing Off 30

A. Elements of passing off 30

B. Is there a misrepresentation. 31

i. Goodwill 31

ii. Indicia of reputation. 31

C. Was the misrepresentation made in the course of trade. 32

i. Intention. 32

ii. Made to consumers. 32

D. Was there damage. 32

i. Profits. 33

ii. Damage to reputation. 33

E. Consider breach of Schedule 2, section 18 of the Competition and Consumer Act 33

6. Is there Breach of Schedule 2, section 18 of the Competition and Consumer Act 33

A. Similarity to passing off 33

B. Was there breach by a corporation engaged in trade or commerce. 34

C. Is it misleading and deceptive. 34

7. Is there a Breach of a Design 34

A. Have the formalities been met. 34

B. Examination of design.. 34

i. Is it a design. 34

ii. Is the design new. 35

iii. Is the design distinctive. 35

1) Substantial similarity. 35

C. Ownership.. 35

D. Has the design been infringed. 35

E. Defences. 35

8. Is there a Breach of Confidence 35

A. Was it information. 36

B. Did the necessary level of confidence exist. 36

C. Was there an obligation of confidence. 36

i. Circumstances. 36

ii. Nature of relationship. 37

iii. Employees. 37

iv. Third parties. 37

D. Was the information used without authorisation. 37

E. Will the use of the information cause detriment. 37