UNIT 4

INTELLECTUAL PROPERTY LAW

Intellectual Property (IP) results from the expression of an idea. So IP might be a brand, an invention,
a design, a song or another intellectual creation. IP can be owned, bought and sold.
The four main types of IP rights are patents, trademarks, designs and copyright but there are many
other ways to protect an IP, for example, by using a confidentiality agreement. The type of IP protection
someone needs depends on what they have created and what they will use it for. Some products need all
four!
Intellectual property law deals with the rules for securing and enforcing legal rights to inventions,
designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too
does it protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for
people to develop creative works that benefit society, by ensuring they can profit from their works without
fear of misappropriation by others.
Patents protect what makes things work - like what makes a wheel turn or the chemical formula of
your favourite fizzy drink. Patents are granted by the government and give inventors the right to use their
product in the marketplace, or to profit by transferring that right to someone else as well as the right to
prevent other parties from using or copying their invention. Depending on the type of invention, patent rights
are valid for up to 20 years. Qualifying items include new machines, technological improvements, and
manufactured goods, including the “look” of a product. Patent protection will be denied if an invention is
found to be obvious in design, not useful, or morally offensive.
Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is
to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another.
Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially
last forever, and they are obtained by simply using a mark. While not required, owners can register their
marks for additional protection. In the UK trademarks have to be renewed every 10 years.
Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item.
For the purposes of registration, a design is legally defined as being ‘the appearance of the whole or part of a
product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of
the product or ornamentation’. This means that protection is given to the way a product looks. References to
texture and materials does not mean that protection may be granted for the feel of a texture, or what the
product is actually made from; only that these features may influence what the overall product looks like.
Equally, design registration cannot protect non-stylised wording (i.e. basic text), the way something works,
or the idea or concept behind a product.
Copyright is an automatic right which applies when the work is fixed, that is written or recorded in
some way (writings, music, motion pictures, architecture, and other original intellectual and artistic
expressions). Automatic means there are no fees to pay or forms to fill in. Protection is not available for
theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself
produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is
common, but not mandatory. Most copyrights are valid for the creator’s lifetime, plus 70 years.
Confidentiality: it is important that the inventors do not make their invention public before they apply
to patent it, because this may mean that they cannot patent it, or it may make their patent invalid. However,
that does not mean that they must never discuss their invention with anyone else. For example, they can
discuss it with qualified (registered) lawyers, solicitors and patent attorneys because anything they say to or
show them is legally privileged. This means it is in confidence and they will not tell anyone else.
Alternatively, they may need to discuss their invention with someone else before they apply for a patent –
such as a patent adviser or consultant, or an inventor-support organisation. If so, a Non-Disclosure
Agreement (NDA) can help. NDAs are also known as confidentiality agreements and confidentiality-
disclosure agreements (CDA). No single NDA will work in every situation. This means that inventors must
think carefully about what to include in their NDA. They may want to consult a qualified lawyer or a patent
attorney if they are thinking about discussing their invention with someone else and are considering using a
non-disclosure agreement.
(Text adapted from http://www.ipo.gov.uk/types.htm)

VOCABULARY PRACTICE

1. Match the following words and expressions with their Romanian translation:

A B
1. patents and trademarks a. încălcare a unui brevet
 2. in confidence
3. infringement of a patent
4. remedy
5. order an injunction
6. file a lawsuit
7. compensation claim
8. award damages
9. lucrative
10. at stake
b. profitabil, rentabil
c. intenta un proces
d. cerere de despăgubire
e. brevete şi mărci înregistrate
f. dispune o acţiune de încetare
g. soluţie legală
h. cu titlu confidenţial
i. în joc, în pericol
j. a acorda despăgubiri

2. Complete the following sentences using some of the words and expressions from column A
(exercise 1).
a. An attorney would analyze a product for ………………………. if he was asked by the owner.
b. They have to win the contract - thousands of jobs are …………….
c. In order to …………………, a person must be over 18 years of age in good mental health.
d. He inherited a ……………… business from his father.
e. The author cites four key types of intellectual property: copyrights, trade secrets,
………………………… .
f. Any local police matters or advice on council matters may be raised …………………………. .
g. Criminal libel is the only …………………… against this worthless organisation who simply seek
publicity for themselves.
h. The politician was awarded £50,000 …………………… over false allegations made by the newspaper.

3. Choose the correct meaning of the following expression/term selected from the text in this unit:

1. In the sentence The purpose of these laws is to give an incentive for people to develop creative works that
benefit society, by ensuring they can profit from their works without fear of misappropriation by others,
incentive means:
a. a payment to stimulate greater output or investment;
b. something that motivates or encourages someone to do something;
c. a material reward – especially money – in exchange for acting in a particular way.
2. In the sentence Patents are granted by the government and give inventors the right to use their product in
the marketplace, to grant means:
a. to agree to give or allow (something requested) to;
b. to agree or admit to (someone) that (something) is true;
c. to give (a right, power, property, etc.) formally or legally to.
3. In the sentence To protect against infringement, owners should take steps to put the world on notice that
their rights exist, to put someone on notice means:
a. to write a document providing notification of a fact, claim or proceeding;
b. to pay attention to legal documents;
c. to warn someone of something about or likely to occur, especially in a formal manner.
4. In the sentence Use of a copyright symbol and date is common, but not mandatory, mandatory means:
a. required by law;
b. legal;
c. optional.

4. Choose the correct version, looking the new words up in a Legal Dictionary:
1. Patents give inventors ……… to prevent other parties from using or copying their invention.
a) the right b) the privilege c) the advantage
2. In contrast to most other property rights, ownership in ………… is time limited.
a) intellect property b) property intellectual c) intellectual property
3. The Copyright, Designs and Patents Act 1988 established the ………… Court, which offers a cheaper
and speedier forum for patent, design, trade mark and copyright disputes.
a) Patents Country b) Patents Crown c) Patents County
4. Intended to harmonise the civil procedures and ………… across the EU, the Directive 2004/48 was
implemented in the UK by the Intellectual Property (Enforcement, etc) Regulations (SI 2006/1928).
a) indemnities b) remedies c) cures
5. Once a claimant obtains an interim (or pretrial) …………… , the defendant may have little incentive to
contest the action further.
a) injunction b) shot c) remedy

GRAMMAR FOCUS – PASSIVE MODAL CONSTRUCTIONS

 Remember
The Modal Verbs are: can, could, may, might, must, ought to, shall, should, will, would.
Modal verbs express the attitude of the speaker in what concerns the process of communication in
progress, in development, the action being considered possible, probable, obligatory, desirable, etc. We use
modal verbs to express: ability, advice, criticism, logical assumption, necessity, offers, obligation/duty,
permission, possibility, probability, prohibition, requests or suggestions. Each modal verb normally has more
than one use.
Modal verbs are defective, that is they lack certain verbal forms. Accordingly, they cannot be used at
all the moods and tenses, most of them having only indicative, present and/or past tense. That is why they
have equivalents to express the other moods and tenses (can = to be able to; may = to be allowed
to/permitted to; must = to have to; should = had better; would = used to).
Modal verbs can be used both in the active and passive voice.
Read the chart below to see how the active to passive transformation works.

Active voice Passive voice

Modal Simple (Present)
You should meet your lawyer.
Modal Continuous (Present)
She could be talking with her
lawyer right now.
Modal Perfect (Past)
He shouldn’t have taken your
bicycle.
Modal Perfect Continuous
(Past)
I could have been swimming at
the beach instead of working in
the office.
Passive Modal Simple (Present)
The room should be cleaned
once a day.
Passive Modal Continuous
(Present)
The room should be being
cleaned now.
Passive Modal Perfect (Past)
The room should have been
cleaned yesterday.
Passive Modal Perfect
Continuous (Past) (rare form)
The room should have been
being cleaned but nobody was
there.

1. Choose the correct version, paying attention to the use of Passive Modal Constructions:
1. The Queen …………… on that important matter by the Home Secretary two days ago.
a) must have advised b) must have been advised c) must advise
2. Don’t enter that room! The witness ...............……..... right this moment.
a) may cross-examine b) may be cross-examining c) may be being cross-
examined
3. He …………….. to capital punishment; he was just a pickpocket.
a) must have been convicted b) couldn’t have been convicted
c) may be convicted
4. The suspect …………… placed under investigation before the police found irrefutable evidence.
a) can’t have been b) can’t be c) can’t have
5. As soon as the search warrant has been issued they …………. to look for the documents.
a) will be allowed b) will can c) could
6. Civil servants’ personal political views ……..…….. to determine any advice they give or their actions.
a) must be allowed b) must not be allowed c) must not allow
7. A patent attorney ……….… for legal aid if the patent is infringed.
a) should be asked b) should have been asked c) should ask
8. The photofit picture of the wanted man ....................... last week.
a) could be issued b) could have issued c) could have been issued
9. My purse ....................... from my desk yesterday while I was talking with my lawyer.
a) must had been stolen b) must be stolen c) must have been stolen
10. At this very moment the suspect ………………. by the police.
a) may being interviewed b) may be been interviewed c) may be being
interviewed