Dreptul proprietății intelectuale
Brevete, mărci, drepturi de autor, modele și aplicarea drepturilor de PI.
Introducere
Proprietatea intelectuală protejează creațiile minții, inclusiv invențiile și mărcile comerciale.
In Brief
Copyright arises automatically when you create an original work and lasts for your lifetime plus 70 years — no registration needed. Patents give a 20-year monopoly on inventions but must be registered; trade marks last 10 years and are renewable indefinitely. If someone is copying your brand or creative work, act quickly as delay can weaken your position.
Principii fundamentale
Patents — A patent grants a 20-year monopoly on an invention that is new, involves an inventive step, is capable of industrial application, and is not excluded subject matter (Patents Act 1977, s.1). Applications are made to the UK Intellectual Property Office (UKIPO).
Copyright — Arises automatically upon creation of an original literary, dramatic, musical, or artistic work. No registration required. Lasts for the author's life plus 70 years. Protects the expression of ideas, not the ideas themselves (CDPA 1988).
Trade Marks — A sign (word, logo, shape, colour, sound) registered at the UKIPO that distinguishes the goods or services of one trader from another. Registration lasts 10 years, renewable indefinitely (Trade Marks Act 1994).
Passing Off — A common law tort protecting unregistered goodwill. Requires proof of goodwill, misrepresentation, and damage (the 'classic trinity' from Reckitt & Colman v Borden [1990]).
Design Rights — Registered designs protect the appearance of a product for up to 25 years (Registered Designs Act 1949). Unregistered design right protects the shape or configuration of an article for up to 15 years (CDPA 1988, Part III).
Infringement and Remedies — IP owners can bring proceedings for infringement, seeking injunctions, damages or an account of profits, delivery up, and in some cases additional damages for flagrant infringement.
Fair Dealing — Copyright is subject to exceptions including fair dealing for research, private study, criticism, review, quotation, news reporting, and parody (CDPA 1988, ss.29–30A).
Database Rights — A sui generis right protecting databases where there has been substantial investment in obtaining, verifying, or presenting data (Copyright and Rights in Databases Regulations 1997).
Statute cheie
Patents Act 1977
Copyright, Designs and Patents Act 1988
Trade Marks Act 1994
Registered Designs Act 1949
Cazuri de referință
Reckitt & Colman v Borden
[1990] 1 WLR 491
Designers Guild v Russell Williams
[2000] UKHL 58
Scenarii comune
Someone copies your website content
Website content (text, images, code) is protected by copyright under the CDPA 1988. You can send a cease-and-desist letter and pursue damages or an injunction for copyright infringement. No registration is required to enforce copyright in the UK.
Competitor uses a confusingly similar brand name
If you have a registered trade mark, this may constitute trade mark infringement under the TMA 1994. If unregistered, you may bring a passing off claim if you can show goodwill, misrepresentation, and damage.
Patenting a new invention
File a patent application at the UKIPO. The invention must be new, involve an inventive step, and be capable of industrial application. The process takes 2–4 years. Once granted, the patent gives a 20-year monopoly. Software 'as such' and business methods are excluded from patentability.
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Frequently Asked Questions
How long does copyright last in the UK?
Copyright in literary, dramatic, musical, and artistic works lasts for the life of the author plus 70 years. For films, the period is 70 years from the death of the last surviving director, screenplay author, dialogue author, or composer. For sound recordings, copyright lasts 70 years from publication. No registration is required — copyright arises automatically on creation.
Can I use a small amount of someone else's work without permission?
There is no fixed percentage or 'de minimis' rule in UK copyright law. The defence of fair dealing allows limited use for purposes of research, private study, criticism, review, quotation, news reporting, or parody — but the use must be fair and (for criticism or review) the source must be acknowledged. Commercial uses rarely qualify.
What is the difference between a trademark and a copyright?
Copyright protects the expression of creative works (text, music, art) and arises automatically without registration. A trade mark protects distinctive signs (brand names, logos) used to identify the commercial origin of goods or services. Registration with the UKIPO gives the strongest protection. The two types of protection can coexist — a logo can be protected by both copyright and trade mark.
How do I protect a business idea or invention?
Ideas themselves are not protectable by copyright (only their expression is). To protect a technical invention, file a patent application at the UKIPO within 12 months of any public disclosure. For brand names and logos, register a trade mark. For designs, consider a registered design. Confidentiality (non-disclosure agreements) can protect ideas before formal registration.
Important Deadlines
Typical Costs
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What To Do Next
Step-by-Step Guides
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Common Scenarios
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