How is Intellectual Property Obtained?
Intellectual Property rights can be obtained in one of two ways: by application or by automatic derivation.
Application
Where an application procedure is involved, this usually follows the steps set out in the following sequence:
- File Application
- Search carried out to ascertain originality
- Examination carried out
- Objections raised/No objections raised
- Deal with objections
- Grant/Registration
Where an application procedure is involved, then usually the protection ultimately obtained is an absolute monopoly. Patents, Registered Designs and Registered Trademarks fall into this category.
Automatic Derivation
Automatic derivation of Intellectual Property can occur by the creation of an original work, e.g. a drawing, design document, prototype, or the creation of a reputation in a particular area. Where rights arise automatically, these rights are usually limited to the prevention of reproduction or a misrepresentation being made.
Copyright, Unregistered Design Right (including semiconductor topography rights) and Unregistered Trademarks fall into this category.
Important note:
The comments in this section represent only a simplified summary of Intellectual Property and are not intended to be comprehensive. Professional advice should be sought in any particular instance as to the protection available. More information may be found in the Professional Advice section.
