What is Copyright and not?

Patently copyright is not a patent – types of IP in the UK  January 18, 2018 – 08:01 am
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A sentence on the BBC news website in an article about patent applications for graphene (which has since been amended) stood out yesterday morning; it stated that there has been “a sharp rise in patents filed to claim copyright over different aspects of graphene”. We couldn’t comment about the other jurisdictions mentioned in the article, but in the UK, copyright and patents are different types of IP and it is not possible to patent copyright in itself and claiming copyright is different to patenting an invention. In view of this, the Technology Law Update team thought it would be helpful for businesses to have a brief summary of the four main types of IP protection available in the UK, copyright, trade marks, designs and patents.

Copyright

Copyright is an intellectual property right which arises automatically in original work which has been recorded in one form or another, such as on film or in writing. Certain uses of works in which copyright subsist without the author’s consent are prohibited and the author has a right to take legal action for infringement of their rights. It is not a right which can be registered in the UK so businesses should ensure there is sufficient contemporary evidence of the creation of copyright in order to prove ownership and assist protection.

Source: Mills & Reeve: Technology Law Update

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