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INTELLECTUAL PROPERTY PROTECTIONСтр 1 из 12Следующая ⇒
INTELLECTUAL PROPERTY PROTECTION
Intellectual property comprises two main branches: · industrial property, chiefly in inventions, trademarks, industrial designs and appellations of origin; and · copyright, chiefly in literary, musical, artistic, photographic and audiovisual works. Industrial property deals principally with the protection of inventions, marks (trademarks and service marks) and industrial designs, and the repression of unfair competition. The three subjects first mentioned have certain features in common inasmuch as protection is granted for inventions, marks and industrial designs in the form of exclusive rights of exploitation. The repression of unfair competition is not concerned with exclusive rights, but is directed against acts of competition contrary to honest practices in industrial or commercial matters, for example, in relation to undisclosed information (trade secrets). Industrial property also deals with the protection of geographical indications (indications of source and appellations of origin).
Find English equivalents for the following words and expressions in the text.
1. недобросовестная конкуренция 2. использование 3. авторское право 4. интеллектуальная собственность 5. товарный знак 6. изобретение 7. промышленная собственность 8. поскольку, так как 9. знак обслуживания 10. закрытая информация 11. промышленный образец 12. указание происхождения (на товарах) 13. наименование места происхождения (товара) 14. географическое указание 15.коммерческая тайна Copyright
WHAT IS COPYRIGHT? Copyright gives rights to the creators of certain kinds of material, so that they can control the various ways in which their material may be exploited. The rights broadly cover copying, adapting, issuing copies to the public, performing in public and broadcasting the material. In many cases, the author will also have the right to be identified on his work and to object to distortions and mutilations of his work. Moreover, a rental right is given to owners of copyright in sound recordings, films and computer programs and therefore the exploitation of such works by renting them to the public requires a licence from the copyright owner.
WHAT KIND OF MATERIAL DOES COPYRIGHT PROTECT? Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (including videograms) and broadcasts (including cable and satellite broadcasts). WHAT ABOUT COMPUTER PROGRAMS AND MATERIAL STORED IN COMPUTERS? Computer programs are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to ‘adapting’ a work and storing any work in a computer amounts to ‘copying’ the work. Also, running a computer program or displaying a work on a VDU will usually involve copying and thus require the consent of the copyright owner. DOES MATERIAL HAVE TO HAVE NOVELTY OR AESTHETIC VALUE TO GET COPYRIGHT ROTECTION? No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material which qualifies for copyright protection whatever the subject matter. DO I NEED TO REGISTER COPYRIGHT? No. Copyright protection in this country is automatic and there is no registration system - so there are no forms to fill in and no fees to pay.
CAN COPYRIGHT PROTECT INDUSTRIAL ARTICLES? No. Copyright may protect the drawing from which an article is made but copyright cannot be used to prevent the manufacture of articles. For information on protection of industrial articles see the leaflet ‘Designs - Basic Facts’.
DO I ALWAYS NEED PERMISSION TO COPY COPYRIGHT MATERIAL? Normally by approaching the copyright owner, but there are several organisations which act collectively for groups of copyright owners in respect of particular rights; they may offer ‘blanket’ licences to users. Further information is available from the sources given at the end of this leaflet. TO CLAIM COPYRIGHT? WHO OWNS COPYRIGHT? The general rule is that the author is the first owner of copyright in a literary, dramatic, musical or artistic work. The main exception is where such work is made in the course of employment, in which case the employer owns the copyright. The copyright in films, sound recordings, broadcasts and published editions belongs to the film or record producer, broadcaster or publisher. WITHOUT MY PERMISSION? Although you are not obliged to do so, it will usually be sensible to try to resolve the matter with the party who has infringed your copyright. Otherwise you will need to seek redress in the Courts where injunctions and damages are available. Legal advice may be needed.
Exercises Part 1
· WHAT KIND OF MATERIAL DOES COPYRIGHT PROTECT?
Exercises Part 2
Exercises Part 3
Exercises Part 4
Revision questions
1. What rights does copyright give to the creators?
2. What do the rights cover?
3. What does copyright protect?
4. How are computer programs protected?
5. Does material have to have novelty to get copyright protection?
6. Is it necessary to register copyright?
7. How long does UK copyright last?
8. Can industrial articles be protected by copyright?
9. Is it always necessary to get permission to copy or exploit copyright material?
10. Are names and ideas protected by copyright?
11. Who owns copyright? Patents WHAT IS A PATENT? It is a monopoly right to the exclusive use of an invention and can last for a maximum of 20 years. A patent is a property which, like any other business commodity, may be bought, sold, hired or licensed.
HOW LONG DOES IT TAKE? As a rough guide, we aim to issue the SEARCH REPORT within twelve weeks of it having been requested, and the specification is normally PUBLISHED about 18 months after filing. Many applicants wait to see the results of the search before deciding to request examination, and in such cases FIRST EXAMINATION takes place not later than 18 months after publication. This timescale can be shortened considerably by requesting the examination at the same time as the search (COMBINED SEARCH AND EXAMINATION) in which case the reports for both will be issued together within the normal time taken for the search alone. GRANT follows after official objections have been met. All stages up to grant must be completed within either 4.5 years from filing, or twelve months from the first examination report, whichever expires the later. If combined search and examination is opted for, grant will not be earlier than three months after publication. ARE THERE ANY OTHER COSTS? You are strongly advised to obtain professional help and if you use a Patent Agent their professional fees will generally cost you several hundred pounds at least.
CAN THE PATENT OFFICE HELP DEVELOP THE INVENTION? No. The Patent Office cannot provide any financial or other support since this would directly conflict with its role as an impartial regulatory body for the granting of patents. But there are both local and national organisations throughout the UK which will assist in developing inventions with commercial potential. WITHOUT A PATENT? Yes - provided no-one else already has rights protecting that invention or a part of it. Such exploitation would prevent anyone subsequently getting a valid patent for it, but would not prevent others from copying it.
DO PATENTS HAVE OTHER USES? Certainly! The technical disclosure contained in published patent specifications provides an enormous amount of information which constitutes an invaluable database for research - patents are often the earliest and/or only disclosure of technical matter. Moreover, companies are increasingly using patents for commercial information, e.g. in market research. So patents should always be considered when trying to find technical or commercial information and the Patent Office Search and Advisory Service can help you access such information. Exercises Part 1 · WHAT IS A PATENT? · ARE ALL INVENTIONS PATENTABLE? · DO ANY FURTHER CONDITIONS HAVE TO BE SATISFIED? · WHAT RIGHTS DO PATENTS BRING?
Exercises Part 2 · HOW IS A UK PATENT OBTAINED? · HOW LONG DOES IT TAKE? Exercises Part 3
Find the vertical word.
1. The right given to the inventor. 2. The Patent Office carries out a... to ascertain if the invention is new. 3. The very first stage of obtaining a patent. 4. In or to a foreign country. 5. The Patent Office... fees for processing applications. 6. Of great importance, essential. 7. Is the.... of an application important? 8. It is difficult to... down any hard or fast rules.
Exercises Part 4
Registered Trademarks WHAT IS A TRADEMARK? The 1994 Trademarks Act defines a trademark as being any sign which is capable of being represented graphically and which can in the course of trade, distinguish the goods or services of one undertaking from those of other undertakings. Such signs may include words, including personal names, designs, letters, and the shape of goods or their packaging.
HOW LONG DOES IT TAKE? On average, an application for registration of a trademark will be examined within three months; applicants then have three to six months to either overcome any objections or put the application in order. The application will be published within three months of acceptance then, assuming no opposition, the trademark will be entered on the Register and a registration certificate issued. Overall the Trademarks Registry aims to register trademarks within two years of receiving the application. BE KEPT IN FORCE? Indefinitely. A trademark is registered for ten years and can be renewed every ten years. On 31st October 1994, the renewal fee was set at ₤ 250 for a single class plus ₤ 200 for each additional class covered by the registration, but the current fee should be checked with the Trademarks Registry. ARE THERE ANY OTHER COSTS? You are advised to obtain professional help. If you use a Trademark Agent or a Patent Agent then their fees will have to be added to those payable to the Patent Office.
BEFORE IT IS REGISTERED? No. Trademarks which are already in use can be registered, as well as trademarks which it is intended to put into use.
BECAUSE IT IS NOT IN USE? Yes. If a registered trademark has not been used for a period of five years, an application may be made by a person to have it removed from the Register. In such a situation the onus is on the owner of a mark to defend the registration by demonstrating use of the mark on the goods and services for which it is registered.
REGISTERED TRADEMARK? No. The Patent Office cannot provide any financial or other support since this would directly conflict with the Trademarks Registry’s role as an impartial body for the registration of trademarks and the maintenance of the Trademarks Register.
TO REGISTER THEM? No. Registration is not compulsory, but, without registration, an owner of a trademark cannot bring an action for infringement to protect the mark. Suing for infringement of a registered mark is much simpler than launching a common law action for passing off to protect an unregistered mark.
Exercises Part 1 · WHAT IS A TRADEMARK? · ARE ALL TRADEMARKS REGISTRABLE? · WHAT RIGHTS DO REGISTERED TRADEMARKS BRING?
Exercises Part 2 · HOW IS REGISTRATION IN THE UK OBTAINED? · HOW LONG DOES IT TAKE? · WHAT WILL THE TRADEMARKS REGISTRY CHARGE ME?
Exercises Part 3
· HOW LONG CAN A REGISTERED TRADEMARK BE KEPT IN FORCE? · ARE THERE ANY OTHER COSTS? · DOES A TRADEMARK HAVE TO BE IN USE BEFORE IT IS REGISTERED? · CAN A TRADEMARK BE REMOVED FROM THE REGISTER BECAUSE IT IS NOT IN USE? · DOES UK REGISTRATION GIVE PROTECTION ABROAD?
Exercises Part 4 · CAN THE PATENT OFFICE HELP EXPLOIT A REGISTERED TRADEMARK? · ARE USERS OF TRADEMARKS REQUIRED TO REGISTER THEM? · WHY ARE INFRINGEMENT PROCEEDINGS SIMPLER THAN PASSING OFF PROCEEDINGS? · WHAT USES CAN A REGISTERED TRADEMARK BE PUT TO?
Complete as in the text. By distinguishing your goods or services from those of other businesses, a trademark is …
Revision
Answer the questions. 1. What is a trademark? 2. Are all trademarks registrable? 3. What rights do registered trademarks bring? 4. How is registration in the UK obtained? 5. How long does it take to register a trademark in the UK? 6. What does the Trademarks Registry charge for a trademark registration? 7. How long can a registered trademark be kept in force? 8. Does a trademark have to be in use before it is registered? 9. Can a trademark be removed from the Register because it is not in use? 10. Does UK registration give protection abroad? 11. Can the Patent Office help exploit a registered trademark? 12. Are users of trademarks required to register them? 13. Why are infringement proceedings simpler than passing off proceedings? 14. Why is registration of a trademark so important? REGISTERED DESIGNS
DO ANY FURTHER CONDITIONS HAVE TO BE SATISFIED? Yes. A design has to be ‘new’ i.e. it must not have been publicly disclosed in the United Kingdom before application for registration is made nor registered on an earlier design application, and it must be materially different from any other published design for the same or any other type of article.
DOES A UK REGISTRATION GIVE PROTECTION ABROAD? No. A UK registered design is effective only in the United Kingdom and the Isle of Man. However, some countries accept registration of a design in the UK as equivalent to an independent registration in the countries concerned. Otherwise the UK application can be used to establish a ‘priority’ date for a separate application made in a foreign country.
CAN THE PATENT OFFICE HELP ANY OTHER SERVICES? Yes The Registry will conduct a search (on payment of a fee) to determine whether a design resembles a registered design. This is distinct from the search conducted as part of the processing of a registered design application. Exercises Part 1
Complete the word families.
Exercises Part 2
Answer the questions. 1. A design has to be “new”. This statement implies three essential parts. What are they? 2. What does a registered design apply to? 3. What is a patent concerned with? 4. What is the exclusive right of the registered owner of a design? 5. What kind of legal action can the registered owner take? 6. What is the preventive role of the design registration?
Exercises Part 3
Answer the questions. 1. What must the owner of the design provide at the time of application? 2. What is the purpose of the search made by the Registry? 3. What are the 2 conditions of issuing a Certificate of Registration? 4. Why may registration be refused? 5. What action can the owner of the design take if his application is refused? 6. What does one need to do to protect a modified version of a previously registered design? 7. Is it possible to apply a registered design to a different type of article? How? 8. What are the minimum and the maximum terms of registration process? 9. Is the fee for processing an application in the UK higher or equal to the filing fee? 10. If one wishes to extend the registration in the UK, how often do fees have to be paid?
Exercises Part 4
Exercises Part 5
REGISTERED DESIGNS
1. aesthetic 2. appearance 3. to apply 4. appeal eye-appeal 5. an article 6. available 7. addition 8. to afford 9. a commodity 10. to concern 11. to certify 1. эстетический 2. внешний вид 3. применять 4. зд. привлекательность внешняя привлекательность 5. изделие 6. имеющийся в наличии 7. добавление 8. зд. применять 9. товар 10. относиться 11. сертифицировать
12. to cover 13. to compete competition 14. design design right registered design
product design the Design Registry 15. to deter 16. distinct 17. development 18. to disclose disclosure 19. eligible 20. impartial 21. invalid (valid) 22. to issue (a certificate) 23. to keep in force 24. regulatory body 25. representation 26. to resemble 27. stand-alone 28. succeeding 29. would-be 30.processing processing applications 31.previous 12. охватывать, включать 13. конкурировать конкуренция 14. дизайн, конструкция; пром. образец право на пром. образец / дизайн зарегистрированный пром. образец / дизайн разработка внешнего вида товара Отдел Регистрации Пром. Образцов 15. предотвратить 16. отличающийся 17. зд. разработка 18. раскрывать (секрет) раскрытие 19. подлежащий 20. беспристрастный 21. недействительный (действительный) 22. выдать (сертификат) 23. сохранить в силе 24. регламентирующий орган 25. изображение, описание 26. напоминать (что-либо) 27. зд. неповторимый 28. последующий 29. возможный 30.обработка рассмотрение заявок 31.предыдущий INTELLECTUAL PROPERTY PROTECTION
Intellectual property comprises two main branches: · industrial property, chiefly in inventions, trademarks, industrial designs and appellations of origin; and · copyright, chiefly in literary, musical, artistic, photographic and audiovisual works. Industrial property deals principally with the protection of inventions, marks (trademarks and service marks) and industrial designs, and the repression of unfair competition. The three subjects first mentioned have certain features in common inasmuch as protection is granted for inventions, marks and industrial designs in the form of exclusive rights of exploitation. The repression of unfair competition is not concerned with exclusive rights, but is directed against acts of competition contrary to honest practices in industrial or commercial matters, for example, in relation to undisclosed information (trade secrets). Industrial property also deals with the protection of geographical indications (indications of source and appellations of origin).
Find English equivalents for the following words and expressions in the text.
1. недобросовестная конкуренция 2. использование 3. авторское право 4. интеллектуальная собственность 5. товарный знак 6. изобретение 7. промышленная собственность 8. поскольку, так как 9. знак обслуживания 10. закрытая информация 11. промышленный образец 12. указание происхождения (на товарах) 13. наименование места происхождения (товара) 14. географическое указание 15.коммерческая тайна Copyright
WHAT IS COPYRIGHT? Copyright gives rights to the creators of certain kinds of material, so that they can control the various ways in which their material may be exploited. The rights broadly cover copying, adapting, issuing copies to the public, performing in public and broadcasting the material. In many cases, the author will also have the right to be identified on his work and to object to distortions and mutilations of his work. Moreover, a rental right is given to owners of copyright in sound recordings, films and computer programs and therefore the exploitation of such works by renting them to the public requires a licence from the copyright owner.
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