Intellectual Property Law: Treating Facial Burns Essay

Question:

Describe about the Intellectual Property Law for Treating Facial Burns?.

Answer:

Report on Intellectual Property Rights

1. A new gel mask (and gel) for treating facial burns
A new gel mask along with a gel for treating facial burns should be patented by a company which has manufactured the same with new modifications giving it certain new properties which no similar mask available in the market provide.

The right to patent an invention is available as the gives the inventor the right to sue ot take a legal action against any individual who either makes, sells, imports or uses the invention without the permission of the inventor (Bently & Sherman, 2014).

Under the Intellectual Property laws in the United Kingdom, a patent is granted to an inventor of a new invention under the rules and regulation established in the Patent Act 1977 in the United Kingdom. Section of 1 of the Patent Act 1977 stated that a patent is granted when:-

The invention is new and involves an innovative step

The invention is suitable for commercial application

Section 14 of the Patent Act 1977 makes rules for the application of a patent. The said section states that every patent must be applied for in the prescribed form and filed at Patent Office which contains a request for grant of patent, specification describing the details of the intention along with a prescribed fee. The Intellectual Property Office (IPO) then carries an examination to check whether the invention is new and finally published the same with the name and address of inventor.

2. The name and logo of the above gel mask “GEL1000”

The name and logo of the new gel mask which is “Gel1000” should be trademarked by the manufacturing company. A trade mark is a recognition which includes a sign, logo, design that identifies product or services of any particular company or source as distinguished from others.

Trademarks are usually termed as designation of origin and gives brand value identifying its source to a product which makes marketing very easy. Trademark is a valuable asset which never expires and registration a trademark prohibits other competitive companies to have similar or same names for their products (Waelde et al., 2013).

In the United Kingdom, trademark is granted under the rules and regulations established in the Trademark Act 1994. Section 1 of the said Act states that trademark is a sign which is capable of distinguishing goods of one company from the other.

The Intellectual Property Office (IPO) in the United Kingdom usually receives application for the registration of trademark and when the said application is successful, trademark is registered. Section 22 -27 of the Trade mark Act 1994 sets the rules for applying for a trade mark in the United Kingdom (Dahlander & Gann, 2010).

3. An automated external defibrillator (AED)

An automated external defibrillator (AEB) is a product which is already known and available in the market, however the said company has innovated a small and a more compact version of the same product; thus, the said product is to be registered under industrial design under the intellectual property rights in the United Kingdom (Carmola, 2010).

An industrial design should be registered as it becomes a valuable asset for the business of a company that invents the same and it protected for 10 years from the day it’s first sold or 15 years from the time it’s invented. Thus a design includes a particular shape, color, line or a pattern which is applied to an article. The registered Design Act 1949 makes rules and regulations concerning designs in the United Kingdom (Ockwell et al., 2010).

When a design is registered it products the appearance of a product. To apply for registration of a design, an individual has to submit an application in the Intellectual Property Office in the United Kingdom. The fee for the application is approximately ?60.


4. A list of costumers, their contact details and ordered placed

A list of costumers, their contact details and ordered placed by a company is a valuable asset and is considered as a trade secret under the United Kingdom intellectual property laws. Thus, trade secrets in the United Kingdom are usually copyrighted.

A trade secret is a “secret plan” toll, process or mechanism which is only known to the owner along with his employees. It is a valuable asset and copyrighting the same is required to protect the said database from being passed on to competitors. By copyrighting the trade secrets of a company, the owner restricts unauthorized used of trade secret. Additionally, the owner is protected by copyright trade secret when his trade secret is obtained by improper and illegitimate manner (Colston et al., 2010).

For copyrighting a trade secret in the United Kingdom, an individual has to file for an application under the Copyright, Designs and Patents Act 1988.

5. An advert to use in a trade magazine

The advert used in a trade magazine involves many pictures and written text which a company makes for another and charges fee for the same. Thus, the advert used in the trade magazine belongs to the company who got it made and can be copyrighted. Copyright is an intellectual property right which protects creativity of an individual which includes artistic works, musical, dramatic, photography, software’s, websites, music recording, films and television show, layout of published works (Manning, 2010).

The primary reason for copyrighting an advert used in a trade magazine is to prohibit the company who made it to make similar adverts for other companies and competitors. Copyright stands as a legal right that guarantees the creator of the work, the exclusive rights for the same. The copyright is usually identified by a symbol which contained the letter “c” (Mercer, 2010).

In the United Kingdom, the Copyright, Designs and Patents Act 1988 makes laws concerning copyright rules and registration. Any individual in the United Kingdom who wants to register copyright of his work has to file an application under the said Act in the Intellectual Property Office (IPO) in the United Kingdom.

Reference List

Bently, L., & Sherman, B. (2014). Intellectual property law. Oxford University Press, USA.

Carmola, K. (2010). Private security contractors and new wars: risk, law, and ethics. Routledge.

Colston, C., Galloway, J., Mac Sithigh, D., Andrew Griffiths, O., & McMahon, A. (2010). Modern Intellectual Property Law 3/e. Routledge.

Dahlander, L., & Gann, D. M. (2010). How open is innovation?. Research policy, 39(6), 699-709.

Manning, P. (2010). The semiotics of brand. Annual Review of Anthropology,39, 33-49.

Mercer, J. (2010). A mark of distinction: Branding and trade mark law in the UK from the 1860s. Business History, 52(1), 17-42.

Ockwell, D. G., Haum, R., Mallett, A., & Watson, J. (2010). Intellectual property rights and low carbon technology transfer: Conflicting discourses of diffusion and development. Global Environmental Change, 20(4), 729-738.

Waelde, C., Laurie, G., Brown, A., Kheria, S., & Cornwell, J. (2013).Contemporary intellectual property: Law and policy. Oxford University Press.

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