IP right comparison table

The following IP practice note provides comprehensive and up to date legal information covering:

  • IP right comparison table
  • What is intellectual property?
  • Patents
  • Supplementary protection certificates
  • Trade secrets
  • Copyright
  • Database rights
  • Design rights
  • Trade marks
  • Passing off
  • More...

IP right comparison table

This Practice Note compares patents, supplementary protection certificates (SPCs), trade secrets, copyright, database rights, design rights, trade marks and causes of action in passing off by reference to the following factors: how protection arises, what is protected (including, eg originality/novelty requirements), duration of protection, territory, ownership, infringement, defences to infringement, and threats provisions. It then considers the key advantages and disadvantages of each IP right.

This Practice Note refers to both UK and EU case law and legislation which are relevant to IP rights. From 1 January 2021, EU regulations no longer have direct effect in the UK, and EU directives no longer apply to the UK, save to the extent that they have already been implemented. However, references to EU legislation are retained in this Practice Note for reference. This Practice Note also contains references to unitary IP rights, including EU trade mark (EUTM) registrations and Community designs. From 1 January 2021, the UK will no longer be covered by these regimes but information about them is retained in this Practice Note for reference. For more information about the impact of Brexit on the IP regime (including details of the arrangements for holders of EUTMs and Community designs to automatically become holders of comparable national UK rights), see Practice Notes: What does IP completion day mean for intellectual property?, Trade mark rights before and after Brexit—comparison table

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