Damages Infringement of copyright may incur civil and criminal liabilities. The most serious infringements carry the possibility on conviction on indictment of imprisonment up to 10 years and an unlimited fine. A person who holds copyright which has been infringed has a number of prospective remedies. He may be awarded damages to compensate for loss […]
General A trade mark is a legal means to protect a brand. Trade marks are protected by registration in the Trade Mark Registry.Trade marks serve as an indication of the origins of a particular good and give assurance to the public. A trade mark indicates to the consumer a certain level of quality and is […]
Registration Trademark registration is undertaken by the Controller General of Patents Designs and Trademarks. The procedures are published in trademark rules from time to time. The effect of registration of a trademark is that the registered owner can prevent any other person from using it within the United Kingdom without his consent. Registration of a trademark […]
Absolute Grounds for Refusal The Trademarks Act sets out absolute grounds for refusal not satisfying the basic statutory formula devoid of distinctive character. Trademarks are also not permitted where it consists exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production […]
Infringement of trademark The trademark legislation provides that the proprietor is entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with the trademark in relation to goods or services which are identical to those for which the trademark is registered.Where the mark […]
Enforcement An EU directive provides for harmonization of the enforcement of intellectual property rights. The purpose is to create a level playing field in relation to such rights. The directive applies to any infringement of intellectual property rights as provided for under EU or national law. It does not affect the substantive intellectual property rights. […]
Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional Specialty Guaranteed. The designation as a TSH boosts farmers income and is seen as positive in maintaining rural areas. The TSGs are recognized at the community level and entered […]
Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not commonplace in the industry. The protection is granted to the person who created the topography subject to them being a person who is […]
Protecting Undisclosed Trade Secrets AN EU directive protects of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure Acquiring a trade secret is considered lawful if it is obtained by: independent discovery or creation; observation, study, disassembly or testing of a product or object that has been made available to […]
Enhancements EU legislation has provided for various enhancements and harmonization of the rights of various copyright holders. Directive includes extensions in relation legal protection of computer programs. resale rights rental and lending rights relating to copyright in the field of intellectual property. computer programme protection copyright and related rights applicable to broadcast programs by satellite […]