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UK Intellectual Property Act 2014 (heads-up)

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A general heads-up infothread for Sheffield business people on here, as there are some fairly fundamental developments in UK IP law coming into force later this year (October 2014), which are being introduced by the "Intellectual Property Act 2014" (in combination with existing legislation such as the UK Patents Act 1977, the Registered Designs Act 1949, the Copyrights, Designs and Patents Act 1988 (each as amended) and other bits and bobs I'll not bore you to tears with).

 

The important 'practical' points are:

  • Businesses will be allowed to provide a web address on patented products, rather than the publication numbers of relevant patents. See http://www.tivo.com/patents for an example.
  • The UKIPO Patent Opinion Service will be updated to allow the UKIPO to start the process of revocation on behalf of the Opinion-requesting third party (very clear-cut cases only, however).
  • The UK will accede to The Hague Agreement, greatly facilitating international design registrations, and cost-effectively (single application and one fee for several countries).
  • The UKIPO will start a Designs Opinion Service, similar to the existing Patent Opinion Service (low cost, non-binding and impartial view about potential infringement/disputes).

These two in particular, are really important developments:

  • Criminal penalties will be introduced for the deliberate copying of a registered design.
  • The designer will now remain the default owner of a design, rather than the commissioner, unless a contract states otherwise (e.g. a contract of employment or a commissioning contract).

 

People who use contractors or freelance designers, should ensure they have the necessary assignment documents completed - preferably before the commission is granted.

 

And yes, these are all 'good' developments for UK SMEs and IP owners :)

Edited by L00b

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