Solicitors & Lawyers
Legal Definitions
Term: intellectual property rights
1.
Intellectual property rights is a term used to collectively refer to various rights which are:
Intellectual property rights by their nature "preventative" rights. They entitle the owner to prevent third parties from performing acts in respect to the material in which the rights exist. These are known as "exclusive rights" and form the basis of the monopoly granted by the intellectual property rights.
Each of the different areas of intellectual property have different criteria for subsistence, and the different rights may overlap with one another. For instance, a customer list owned by a company may by protected by copyright and qualify for protection as confidential information.
The rights may be licensed to third parties for use by them - these are in the nature of permissions to use and are usually granted by contract. Exclusive licences in most instances must be granted in writing by the owner, and in any event licences generally should be recorded in writing by contract.
Usage: The intellectual property rights protected the invention from being copied by third parties.
Related Words: trade mark; copyright; registered design rights; unregistered design rights; patent; confidential information; registered trade mark; Patents Act 1977 Act; Copyright, Designs and Patents Act 1988 UK; Registered Designs Act 1949 UK; Trade Marks Act 1994 UK; exclusive licence; bare licence; trade secrets; intellectual property; passing off; know-how.
Management of Intellectual Property Rights and Contracts
Patent Protection – Employees´ Rights to Compensation for contributions to Patented Inventions
Copyright – Incidental Inclusion of Copyright Works and Defences to Infringement
Confidential Information – Briefing Note - Confidential Information and Public Disclosure
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