This document provides an overview of intellectual property in the UK, including: 1) It discusses various types of intellectual property like patents, copyright, designs, plant breeders' rights, and trademarks. 2) It outlines the typical duration of rights for each type of intellectual property, ranging from 15 years for design right to life plus 70 years for copyright. 3) It provides details on what is covered by copyright in the UK, the rights copyright owners have, and exceptions to copyright like fair dealing and public interest exceptions.

1. A SMATTERING OF IP
Francis Davey

2. What is intellectual property?
• A kind of property
• created by statute
• devolve like property by will or intestacy
• attract proprietary rights (protection via injunction, account of profits etc)
• assignable etc
• Each carries a bundle of “rights”
• may only be done with the owner’s permission
• exercising right without permission is normally an infringement
• many and complex exceptions

3. UK intellectual property
• Patents
• Copyright
• Performer's property rights
• Database right
• Designs
• Registered designs
• Design right
• (semiconductor topography)
• Community designs (registered and unregistered)
• Plant breeders' rights
• Trade Marks

4. Duration
Copyright, except: Life + 70 years
broadcasts 50 years
sound recordings and rights in 50 years  70 years
performance
typographical editions of published works 25 years
Database right 15 years
Design right 15 years
(semiconductor topography) 10 or 15 years
Community unregistered design 3 years
Registered designs (UK + Community) 25 years
Patent 20 years
Plant breeder’s rights 30 years (potatoes, trees and vines)
25 years otherwise
Trade Mark Until revoked

5. Copyright

6. Copyright: LDM works
• Literary
• anything written, spoken or sung
• includes computer programs and preparatory work
• excludes databases
• Dramatic
• includes dance or mime
• Musical
• .. but none of the above

7. Artistic works
• Artistic works
• graphical work
• painting, drawing, diagram, map, chart or plan, and any engraving, etching,
lithograph, woodcut or similar work
• photograph, sculpture or collage
• ... artistic quality irrelevant
• work of architecture
• building
• model for a building
• work of artistic craftsmanship
• Photographs
• any record of light or other radiation
• not part of a film

8. Copyright: other works
• Films
• Sound recordings
• Broadcasts (and cable programmes)
• Typographical editions of published works

9. Copyright: rights
• Copying (all or a substantial part)
• Issuing copies to the public
• Renting or lending to the public
• Performing, showing or playing the work in public
• Communicate the work to the public
• Making an adaptation of the work
• or doing any of the above in relation to an adaptation

10. Rights in performance
• Live performances
• performers
• person having recording rights
• Some property rights
• copying
• issuing copies to the public
• rental or lending
• making available to the public
• Rights against illicit recordings

11. Copyright exceptions
• Temporary copies
• Fair dealing
• non-commercial research and private study
• criticism or review (of a work)
• news reporting (but not for photographs)
• Computer programs
• backup copies
• various reverse engineering exceptions
• Public interest

12. More exceptions....
Visually impaired 3
Education 6
Libraries 11
Public administration 6
Other 28
Total 54

13. Databases
• Database
• collection of independent works, data or other materials
• arranged in a systematic or methodical way
• individually accessible by electronic or other means.
• Database directive
• copyright – “own intellectual creation”
• database right

14. Database right
• Substantial investment
• obtaining
• verifying
• presenting
• Infringed by
• extraction
• re-utilisation
• Substantial part
• repeated insubstantial acts may become substantial

15. Fixtures Marketing etc
• Lists of football fixtures highly valuable
• First case, ECJ:
• you didn’t collect the information
• no rights for own data?
• Second case:
• its really creative so subject to database copyright
• anyway, UK database copyright survived
• referral to the ECJ