Other Intellectual Property Rights
Various unregistered intellectual property rights exist. The most well-known of these is copyright, which generally does not apply to three-dimensional items, such as new products.
However, rights similar to copyright do exist for three-dimensional designs – these are generally known as unregistered ‘design rights’.
Unregistered rights in respect of business names (or other badges of origin) can sometimes be enforced by the law of passing off.
Confidential information can exist either explicitly (for example in the form of a non-disclosure agreement) or implicitly (for example by the nature of a relationship) and if someone breaches your confidence you may be able to take action against them.
Please use the links on the left to find out more information about these IP rights.
Other intellectual property rights exist such as plant variety rights, database right, semiconductor topography rights and supplementary protection certificates (that extend the life of a patent).
In general unregistered IP rights are much weaker than registered IP rights and if you are in a position to seek a registered IP right then in general you would be well advised to do so. In respect of registered IP rights:
- To protect functionality you should consider a patent application.
- To protect a ‘badge of origin’ of goods or services you should consider a trademark registration.
- To protect new aesthetics you should consider a design registration.
Please contact us for a free and confidential consultation on any intellectual property matter.
