Intellectual Property Act (2014)

 Intellectual Property Act (2014)

The intellectual Property Act is an attempted to modernize copyright law and help new designers and patent -holders protect their IP. It is hoped that the changes will get business get more involved and provide better balance to protect designer rights. Many changes are being made to benefit small to medium sized enterprises.

What counts as Intellectual Property?

Intellectual Property is something unique that you physically create. An idea own its own is not IP (Intellectual Property). As an example a new book idea is not and words you have written are.

Changes (Improvements) are as follows: - 

1.  Marking Products with a Link

Prior to 1 October 2014, patented products had to be marked with a specific patent number to reduce the possibility of a potential infringer claiming that they were not aware of the infringing act. Section 15 IPA 2014 gives patent-owners the option to mark their products with an internet link which takes the user to a website which details the specific patent number associated with the patented product.

2.  Unified Patent Court (UPC)

In future, inventions may be protected in up to 25 EU countries by way of a single unitary patent. The UPC will be a new specialist patents court with competence to deal with the new unitary patent as well as European bundle patents. The IPA 2014 lays the groundwork for the introduction of the UPC in the UK. London is to be one of the three main centres of the new Pan-EU Court together with Paris and Munich.

3.  Extension of the IPO Opinion Service

Launched in 2005, the IPO Opinion Service helps businesses resolve patent disputes by providing a quick and affordable assessment on the question of validity or infringement of a patent. An opinion, although non-binding in nature, can assist in resolving a dispute before it escalates into full litigation before the courts. An opinion costs £200. The success of the Opinion Service means that the range of issues on which opinions can be issued is being extended. In addition, the Intellectual Property Office will be able to start the process of revoking a patent if an opinion has been issued indicating that the patent is not new and inventive. The aim is to provide a faster, cheaper service for businesses facing patent disputes.

Design Rights

1.  Criminal Offence for Copying

Section 13 IPA 2014 creates a new criminal offence for infringement of registered designs. It is now an offence for a person in the course of a business to intentionally copy a registered design so as to make a product exactly to that design or only immaterially different.  The person must know or have reason to believe that the design is a registered design.  There is a similar offence applicable to parties offering, marketing, importing or using, or stocking such products in the course of a business.  The offence is punishable by imprisonment of up to 10 years and by fines, and applies to both UK and EU Community registered designs.

2.  Ownership

Since first introduced in 1989, unregistered designs commissioned by one party from a third party designer have been owned by the commissioning party unless there is an agreement that provides otherwise. Section 2 IPA 2014 changes this so that for registered designs and unregistered designs) the first owner of the work will be the designer, not the commissioner, unless there is a contract which provides otherwise.

3.  Introduction of Opinion Service for Designs

Section 11 IPA 2014 allows for regulations to enable persons to seek a non-binding opinion from the IPO as to whether a registered design is unoriginal. It is intended that this will operate in a similar way to the existing Opinion Service for patents and aims to give parties an indication of the strength of their position before embarking on costly design rights proceedings. The Opinion Service should be finalised and implemented next year.

4.  Prior User Rights

The IPA 2014 offers some limited protection to those who, in good faith, start to use a design, but who subsequently find someone else has registered that same design before they have done so. If these circumstances arise, a user may continue to use the registered design in the way they were already using it before it was registered by another, but expanding their use of the design beyond its original use would be infringement.

https://www.gov.uk/intellectual-property-an-overview/what-ip-is
http://gdknowledge.co.uk/intellectual-property-act-2014-a-summary-of-the-key-provisions/