INTRODUCTION
• The four key areas of intellectual property
• Symbols used in the book
• What is intellectual property?
• Where did IP originate?.
• The statutes of a country
• Applying the law
• What are ‘rights’?
TRADE MARKS
• Introduction
• The Trade Marks Register
• Starting out: choosing your brand name
– Avoid descriptive words
– Do an availability search
• The registration process
• The proprietor
• Filing an application for registration
• Classification: Goods and/or services
• Processing the trade mark application
– Formal aspects
– Substantive aspects
• Endorsements
• Advertisement
• Opposition
– Prior rights
– Proprietorship
– Lack of inherent registrability
– The opposition procedure
• Application procedure: Conclusion
• Trade mark renewal
• Trade mark use
• Expungement based on non-use
• Expungement: the procedure
• Trade mark enforcement
– Primary infringement
– Secondary infringement
– Infringement by dilution
• Remedies against infringement
– An interdict
– Delivery up
– Damages
– Reasonable royalties
• Defences to infringement
– Introduction
– Contest the prerequisites
– Statutory defences
– Counter-application
– Acquiescence
• Passing off
• Licences and assignment
– Licences
– Assignment
• Criminal conduct regarding trade marks
COPYRIGHT
• Introduction
• What is a work?
• Originality
• Representation in a material form
• Qualified person
• Who is the author?
– Literary work
– Musical work
– Artistic work (except photographs)
– Photograph
– Sound recording
– Cinematograph film
– Broadcast
– Programme-carrying signal
– Published edition
– Computer program
– Computer-generated work
• The period of copyright
• What are the different kinds of works?
– Literary works
– Artistic works
– Musical works
– Cinematographic films
– Sound recordings
– Computer programs
– Broadcasts
– Published editions
– Programme-carrying signals
• What is reproduction?
• Reproduction and the exclusive rights
– Literary works
– Musical works
– Artistic works
– Cinematograph films
– Sound recordings
– Broadcasts
– Programme-carrying signals
– Published editions
– Computer programs
• A concluding comment about the exclusive rights
• Ownership of copyright
– Newspaper and magazine employees
– Commissioned works
– Employer’s copyright
• Establishing ownership by agreement
• State-owned copyright
• Infringement
– Direct
– Indirect
• Remedies for infringement
• Needletime royalties
• General exemptions from copyright infringement
– Research, private study, personal or private use
– Criticism or review
– Reporting on current events
– Judicial proceedings
– Quotations
– Illustrating for teaching
– Public lectures and speeches
– News of the day, official texts and political speeches
– Femonstrating audio/video equipment
• Specific exceptions to copyright infringement
– Musical works and the statutory notice exception
– Incidental inclusion of artistic works
– Reverse engineering and artistic works
– Computer programs and backup copies
• Criminal copyright infringement
• Assignments and licences
• International copyright
DESIGNS
• Introduction
• What are registrable designs?
• Filing an application for registration
• The registration process
– The certificate of registration
– The definitive statement and an explanatory statement
– The drawings
• Proprietorship
• The article and its class
• The definitive and explanatory statements
• Processing the design application
– If there is no objection
– If there is an objection
• Registration
• Renewal
• Enforcement
• Determining infringement
• What defences are available?
– Declaration of non-infringement
– Groundless threats of infringement
– Contest on substantial similarity
– Invalid registration
– Acquiescence
• Novelty
– Previously made available to the public
– Mosaicking
• Licences and assignments
• Criminal conduct relating to designs
PATENTS
• Introduction
• What is a patent?
• Patentable inventions
• Novelty
• Inventive step — not obvious
• Prior art searches
• The Officials
• Who can apply for a patent?
• A provisional or complete application
• The complete specification
• The procedure for registration
• Examination
• Acceptance
• Maintenance
• Enforcement
• Remedies for infringement
• Defences to alleged infringement
• Revocation
• International patents
• Convention applications
• The Patent Cooperation Treaty
• Licences
– Licences of right
– Compulsory licences
– Contractual licences
• Assignments
• Criminal conduct regarding patents
OTHER INTELLECTUAL PROPERTY TYPES
INDEX