Intellectual Property
Wikipedia's Definition is a useful introduction to Intellectual Property
Intellectual property (IP) rights are the legally recognised exclusive rights to creations of the mind.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets.
Although many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[2] The British Statute of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins of copyright and patent law respectively.[3]
Intellectual property (IP) rights are the legally recognised exclusive rights to creations of the mind.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets.
Although many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[2] The British Statute of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins of copyright and patent law respectively.[3]
The protection of intellectual property rights is often included in contractual matters and it is sensible to take considered advice about these issues when entering into contractual relationships.
Examples of this include goodwill and confidential information. Goodwill is an asset of a company or individual trader and represents the valuable reputation which helps attract customers or clients to a commercial business or professional practice. Trade secrets may be part of business goodwill. As are customer details, sources of supply, methods of business operation, and methods of manufacture. These will all qualify as goodwill capable of protection.
Information belonging to an employer as to the employer's customers and the details of the working relationships with them is also part of the goodwill of the business. This information will be protected from unfair competition by means of restraint, even if it is not strictly able to be classified as a trade secret or as highly confidential.
Where information is more properly categorised as know-how and there is no express contractual restraint, the Courts are more inclined to interfere in aid of protecting an employer's goodwill if an employee has wrongly removed information in some tangible form.
Disputes as to protection of confidential information are brought by way of an action for breach of confidence. This is equitable right to enforce an obligation which arises by virtue of the duty of good faith owed by the possessor of confidential information to the owner of that information.
The obligation may arise in a contractual setting, but can equally arise outside a contract and even where there is nothing more that characterises the arrangement between the parties than circumstances which require an obligation of confidence.
It is not the relationship which dictates the obligation: it may arise because of an obligation of confidence.
There are three elements required to be established in any action for breach of confidence.
First, the information must have the necessary quality of confidence about it;
Secondly, the information must have been imparted in circumstances importing an obligation of confidence;
Thirdly, there must be an unauthorised use or threat of use or disclosure of that information to the detriment of the party claiming the breach.
Claims for breach of confidential information have become much more common in recent years. This is because electronic communications have made it easier for persons to wrongfully copy or remove and transmit information.
That is why these rights need to be carefully protected in any contractual relationship.
Related areas of the law where intellectual property rights disputes often occur include:
account of profits, censorship, competition, consumer protection, conversion, defamation, doctor/patient privilege, employment, fair trading, fiduciary duty, fraud, legal professional privilege, media, nuisance, official information, passing off, personal information, privacy, professional confidence, registered design, restraint of trade, theft, tort generally, trade marks and trade, names, trespass, trusts, unfair competition, unjust enrichment.
Examples of this include goodwill and confidential information. Goodwill is an asset of a company or individual trader and represents the valuable reputation which helps attract customers or clients to a commercial business or professional practice. Trade secrets may be part of business goodwill. As are customer details, sources of supply, methods of business operation, and methods of manufacture. These will all qualify as goodwill capable of protection.
Information belonging to an employer as to the employer's customers and the details of the working relationships with them is also part of the goodwill of the business. This information will be protected from unfair competition by means of restraint, even if it is not strictly able to be classified as a trade secret or as highly confidential.
Where information is more properly categorised as know-how and there is no express contractual restraint, the Courts are more inclined to interfere in aid of protecting an employer's goodwill if an employee has wrongly removed information in some tangible form.
Disputes as to protection of confidential information are brought by way of an action for breach of confidence. This is equitable right to enforce an obligation which arises by virtue of the duty of good faith owed by the possessor of confidential information to the owner of that information.
The obligation may arise in a contractual setting, but can equally arise outside a contract and even where there is nothing more that characterises the arrangement between the parties than circumstances which require an obligation of confidence.
It is not the relationship which dictates the obligation: it may arise because of an obligation of confidence.
There are three elements required to be established in any action for breach of confidence.
First, the information must have the necessary quality of confidence about it;
Secondly, the information must have been imparted in circumstances importing an obligation of confidence;
Thirdly, there must be an unauthorised use or threat of use or disclosure of that information to the detriment of the party claiming the breach.
Claims for breach of confidential information have become much more common in recent years. This is because electronic communications have made it easier for persons to wrongfully copy or remove and transmit information.
That is why these rights need to be carefully protected in any contractual relationship.
Related areas of the law where intellectual property rights disputes often occur include:
account of profits, censorship, competition, consumer protection, conversion, defamation, doctor/patient privilege, employment, fair trading, fiduciary duty, fraud, legal professional privilege, media, nuisance, official information, passing off, personal information, privacy, professional confidence, registered design, restraint of trade, theft, tort generally, trade marks and trade, names, trespass, trusts, unfair competition, unjust enrichment.