engage magazine issue 002 \\\\\\\'06 - Page 49

COPYRIGHT LAW 49 Protecting Your Rights This means that the patent can be bought, sold, rented or hired just like any other asset. These rights apply to the UK – and also gives the inventor the right to stop others from importing the patented products into the UK. To qualify for this legal protection, the invention must be new, involve an inventive step (eg digital facsimile), and be capable of industrial application. There are exemptions such as a discovery, scientific theories, computer programs, artistic works or the presentation of information. So is it work applying for a patent? Unequivocally the answer is “yes”. If you don’t, then someone else could also patent your invention. An example is the Manson Tablet Catcher designed to make single line railways very safe to work. He wanted everyone to use it, so didn’t apply. Someone else did – and got the bucks. The first step is to look at The Patent Office web site (www.patent.gov. uk). You will probably need specialist help from patent lawyers or the Chartered Institute of Patent Agents (www.cipa. org.uk. Again, details are on the Patent Office web site. It is also an implied term in all contracts of employment that patents developed during the course of employment are the property of the employer and all employees are required to keep confidentiality of Copyright is more difficult as it confers negative rights on the creator. It was developed about 250 years ago specifically to allow “Men of Letters” to gain incomes from their creations. This usually applies to literary matters such as this article, music, plays, films and even your sales brochures. There is a big legal battle going on between the USA and Europe over creators’ rights. In Europe, all creators usually keep their rights. In the USA, employers do. H\[]H\Y \Yۈ ][X NN \[ܙH\HT[[8$X\Y]Y[H\HH^ˈ[و\H\[YK H[]HY\H[H[ݙH[K\H\YX[ۈ\H\[Hܛ HH]\X\]HܙX]ܜ&H\]\HY[Y]H[Y\܈ HYX\Y\Z\X]ˈ]\][]\[\Y\Yݙ\Z\[\YY\&HܙX][ۜˈ\ZY[]X ]ݙ\ L\[وX[HܙX]ܜ&HX\[‚XYˈ\\Y\[[Y\\][HH][ˈYH[\Y\\\[YY\][[ ܈[YK[]\H][ܚ][ˈ[^[\H\HY[\HYYYX[X[[[Y\وHۙۈ ܝX\\Z[^K\Y[ܙ\^H\[YY\[\][[[Y\ˈ\H\[[[\Y\\[][[Y\]H[[ܜ܈][][H܈[YY^H\ ܈^[\K][[H[[܈\[]H\[Y][\][[YH L L]\[\Y\HQYHH\Y\X]Y\ˈ\[\[؛[\Y[H]H[܈\X[Y[X\وY8$܈\H\[Y[[H܈۝XY۝XYYHX\H[] ]\ؘXHܝ[HY\[[و][H\[YHو\YX\[[H\H][X[H]Y\]ܝ\Z[܈\YX[ۈH\[HXYX8''HYۏYZ[8'Y\'KۙHو^HZY\ܛHH H] MHYX\YˈH0̍L[H\YX\ [X\X]0LHYX\[\X]Y\ˈ]\HYHYH\\و\\]\ [\ۙ^H[ZXܛٝ8&\[]\\HZ[ܘX[H\Y^H[]^H[^][\ܚۈ[Y\[XY\ZH [ؚ[Hۙ\[Tˈ[[H[\Y]\\X[HۈH\RYۛH\\X\H[H\HX[KY[[ۙH\Y\[[K]XK]Y\H[[^\HH]۝XˈYHYHYH\\[[[\Y[K\ۙ\^H\Hٙ\[YH܈\[Y\H\X[YKY\[Y\[H][\\Yٙ[H]]^Z[HZ\]KX[Y[^Z[]Y\[H^Z[[H\]YH\Yۜ[Y [YJKZ[Z[8'[\YYX[x'H [^\ۙ\H[ܚ][][H\H[[K[[[HY\[Y][X[[HNNx$YX\X[JKZ[Z[]\[ۙH[H\[\Z\Y [YJH܈[]\]Y\[Y\Z[Z[H\YH\]ܚۙHH[H܈[\Y [[YH8$[Hۈ] KTQH [YB