Franklite Ltd Lighting
Franklite Ltd Lighting

Glossary & Useful Links

Here you will find a list of key IP terms and their definitions.  Members can log in for a more extenisve list of glossary terms and definitions.

 

Glossary

Assignment

The transfer of intellectual property from the IP owner to another/others

Author

Party who creates copyright work

Breach

Where a party to an agreement disregards or acts contrary to a term of that agreement

Copyright

Copyright arises automatically in various kinds of works including literary, dramatic, musical and artistic works. There is no need to registered Copyright under UK law but, in order for it to arise, the work must be original (i.e. not copied) and “recorded” (i.e. fixed in a material form such as in writing, as a drawing, audio recording etc). The owner of the Copyright in a work has the exclusive right to do certain things with that work and has the right to pursue any infringement.

Design Right

An automatic right that applies to original (not commonplace) designs. Unregistered right is not a monopoly right but a right to prevent deliberate copying.

Digital Piracy

downloading material, for example, music illegally from the Internet

Exclusive Licence

A Licence which restricts the Licensor from granting a Licence to anyone else and from exploiting those rights himself/herself. The benefit of an Exclusive Licence is that the Royalty which the Licensor receives in return is likely to be greater than any Royalty he/she would receive in return for a Non-Exclusive Licence

Intellectual Property

The collective term for the rights arising under the law relating to Copyright, Unregistered Design Rights, Registered Design Rights, patents, Trade Marks, Passing Office, Utility Models and the Law of Confidence. Original work that can be legally protected.

Licence

Permission granted to someone to carry out certain acts in relation to the Licensor's IPR for a period of time and often in limited territories. If/when it comes to an end, the rights revert to the Licensor.

Monopoly

Certain intellectual property rights confer a monopoly such as patents and registered designs and the owners do not have to prove copying to enforce their rights.

Moral Right

In copyright there is an obligation, a “moral right” to acknowledge the author. It is a personal right and cannot be assigned.

Patent

An exclusive right granted by Government giving the inventor/creator the right to stop others from using without permission

Passing Off

An illegal act in which someone tries to sell its own product by deceiving buyers into thinking it is another product.

Registered Community Design

A design will be registrable with the Community design registry (known as OHIM) if it is new and if it gives a different overall impression to anything going before it. Also like the Registered UK Design Right, it will last for up to 25 years if renewed.

Sole Licence

A Licence under which both the Licensor and the Licensee can exploit the same rights, but the Licensor may not allow third parties to do so as well.

Trade mark

A name or symbol used to show that a product is made by a specific company and legally registered so that it cannot be used by any other company. The symbol ® denotes a registered trade mark

Unregistered Community Design

This arises automatically for any design which is new and which gives a different overall impression to anything going before it. It will last for 3 years.

Unregistered UK Design

This right arises automatically when an original (i.e. not copied) design is either recorded in a design document or an article is made to that design. In addition, the design must not be commonplace in the design field in question. Unregistered Design Right arises automatically in any aspect of the shape or configuration of the whole or part of an article. Certain designs are excluded. The right will usually subsist for 10 years from the end of the year of first marketing.

For more information visit your ACID Membership Area.

Useful links

Useful Industry, Government and IP organisation links.

For more useful links visit your ACID Membership Area.