Podcast Location:
Download it here [file size: 24.6 MB]
Categories:
Intellectual Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to introduce the listener to the the law governing the protection of patents and trademarks as intellectual property rights. It will examine the law surrounding each right and what is required to qualify a particular IP for protection. The podcast will also look how third parties might infringe a protected right and the consequences of breach.

Outcomes:
After completing the course you will:
  • Understand the differences between a patented right and a trademark;
  • Know how to decide whether a patent or a trademark is appropriate;
  • Know how to make an application to register a patent;
  • Know what will qualify as an infringment of a patented right;
  • Be aware of the limitations of what can legitimately be registered as a tradmark;
  • Know difference between a difference between absolute and relative grounds to refuse registration of a trademark;
  • Understand the circumstances in which a trademark will have been infringed;
  • Know what protection the courts will afford to protected rights.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Patents Act 1977 s1, 2, 3, 14, 60;
  • Trademarks Act 1994 s3, 5, 10(1), 10(2), 10(3), 14(1) 14(2);
  • Trade Marks Rules 2008 (SI 2008/1797);
  • Lego Juris v Office of Harmonisation for the Internal Market (2008) EUECJ T-270/06;
  • Mastercard International Inc v Hitachi Credit (UK) Plc [2004] EWHC 1623 (Ch);
  • L'Oreal and Others v Bellure NV and Others C-487/07;
  • United Biscuits (United Kingdom) Limited v Asda Stores Limited [1997] RPC 513.

This podcast, the first of a CPDcast two part mini series focusses on four main categories of intellectual property right protection. This podcast will focus on patents and trademarks. It will examine the definition and law governing each right, the means by which they can be unlawfully infringed upon and the means by which they can be protected against unauthorised third party use.

Podcast last reviewed: 2011-05-31

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