IP essentials

The IP essentials subtopic provides a basic overview of IP law and introduces the four main IP rights: patents, trade marks, designs and copyright. It is aimed at commercial lawyers not specialised in IP.

What is intellectual property?

The World Intellectual Property Office defines IP as 'creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce'. Broadly, the aim of IP law is to cultivate an environment in which creativity and invention can flourish. Protection of IP rights means that those who invest time and resource in creating and developing IP can reap benefit from their investment. By registering (where necessary), maintaining and enforcing IP rights, a rights holder can prevent people stealing or copying valuable assets such as: brand names and logos; inventions; design and look of products; written content; photographs and artwork. In the UK, IP rights are registered with the Intellectual Property Office (IPO) though there are other entities which register rights at an international level.

The four most common IP rights are:

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patents
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trade marks
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designs
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copyright and associated rights

Other

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Latest IP News

Supreme Court to hear Emotional Perception case regarding the patentability of an AI system

Law360, London: The UK Supreme Court will weigh in on whether an artificial intelligence (AI) company's invention constitutes a computer programme, in a high-profile case that could set new patentability guidelines for the technology.

The 'family' of brands concept

IP analysis: Thalia Stowell, Trade Mark Attorney at Womble Bond Dickinson (UK) LLP, discusses the concept of a ‘family’ of brands, what are its characteristics, how a family of brands might be relevant to a claim for trade mark infringement or validity, and what practical steps should be taken to ensure that a family of brands has a strong visual identity.

Does YouTube Shorts infringe registrations of SHORTS marks and are those registrations valid? (Shorts International Ltd v Google Llc)

IP analysis: The proceedings relate to Google’s YouTube Shorts service. Shorts International Ltd (SIL) claimed that Google’s use of certain signs in relation to its YouTube Shorts service amounted to infringement of SIL’s registered trade marks and passing off. Google claimed that there was no infringement or passing off and that SIL’s registered trade marks were invalid or should be revoked for non-use. It was held that, at the various relevant dates, most of SIL’s trade marks were valid, though the word mark ‘SHORTSTV’ was invalid for most goods and services, and that the other marks should be revoked for non-use for some goods and services. However, all SIL’s trade marks had low inherent distinctive character, and SIL’s use of its trade marks in the UK had not been extensive enough to claim enhanced distinctiveness. None of Google’s uses of signs including the word ‘shorts’ would give rise to a likelihood of confusion as to origin. There were significant similarities between the signs used by Google which included the word ‘shorts’ and SIL’s trade marks, but the similarities were for the descriptive elements rather than the elements of SIL’s trade marks which had some (but low) distinctive character. While SIL had protectable goodwill associated with its trade marks among a limited group of UK consumers, Google’s signs did not misrepresent its service as being provided by SIL or in some way authorised by SIL. Therefore, there was no passing off. Written by Milena Velikova, trade mark attorney and Helene Whelbourn, legal director at Lee & Thompson LLP.

IP weekly highlights—28 November 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.