European Trademark The European Community Trademark allows for a single unitary trademark enforceable directly throughout the EU. It is necessary to register the trademark. It may consist of signs capable of being represented graphically including names, designs, letters, numerals, the shape of goods or packaging. The signs must be capable of distinguishing the goods and […]
European Patents The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual […]
Intellectual Property is about protecting the products of intellectual efforts. It implies that these products are owned by somebody and are worth protecting. Intellectual property will often be a valuable business asset. Intellectual property can distinguish a business and set it apart from competitors. It is capable of being sold and licensed, thereby providing income. […]
Nobody has the right to represent his goods and services as those of another. “Passing off” is the right to stop another selling goods or services “on the back” of an established business reputation. Passing off cases usually relate to the appearance, packaging, presentation of goods to customers. A passing off claim involves an application […]
An “non-disclosure” or “confidentiality” agreement is a low cost way of protecting business ideas. It is a contract with a third party to whom information is to be disclosed to protect against unauthorised disclosure to others or abuse. For example, there may be business idea or product design which it is desired to explore with […]
Unregistered Design Rights Design rights protect the design, the shape and configurations of articles. Certain design rights arise automatically without registration. Certain other design rights require registration . Unregistered design rights protect functional items. The rights protect three dimensional shapes from copying. The rights arise automatically without registration and the protection is for 10 years. […]
Intellectual property rights are generally limited to the relevant country in which they are registered or created. Therefore if a business is established and has protection in Ireland, it will not necessarily have the same protection in the United Kingdom. It is generally necessary to register a trade mark overseas in order to gain protection. […]