Workbook on Digital Private Papers > Legal issues > Intellectual Property Rights
Intellectual Property Rights
Other Intellectual Property Rights relevant to archives
Although copyright is the IPR most commonly encountered when working with archives, there are others that archivists and researchers should be aware of, especially when working with the archives of business and science. These are briefly introduced below; more detailed and up-to-date information is available from the UK Intellectual Property Office.
Patent
Patents offer inventors protection by providing a limited period where others cannot make, use or sell their invention without permission. To obtain a patent, the invention must satisfy a number of criteria. For instance, the invention must be new and it must be industrially applicable. The UK Intellectual Property Office can grant UK patents, which last for up to 20 years. Like other property rights, patents can be bought, sold or licensed to others. To obtain patent protection outside of the UK, the inventor will need to register patents in other countries. The European Patent Office (EPO) issues patents which are valid across the EU.
Trademark
Trademarks offer a way of distinguishing goods and services from other providers. They are distinctive signs that might consist of words, pictures or logos. To qualify for registration, a trademark must be unique to the goods and services for which it is being registered and must not be illegal, for example it must not be defamatory. A trademark registered with the UK Intellectual Property Office can be renewed indefinitely, but it may be revoked if it becomes generic for the product it is associated with. Trademarks may also be registered with other agencies abroad, notably the European Trade Mark Registry (OHIM) which registers marks valid across the EU. UK Trademarks are governed principally by the Trademarks Act 1994, although this legislation has been subject to some amendments.
Design
There are UK and European design laws which may provide registered design protection for up to 25 years, and unregistered design right protection for between 3 years (European) to 15 years. The requirement for a design to attract registered or unregistered protection is complicated, and the advice of the UK Intellectual Property Office or an intellectual property lawyer should be consulted.
Confidence and trade secrets
'Confidence' is best defined as 'know-how'. It can be any form of technological improvement or knowledge which is kept secret and provides a commercial advantage. Commercial secrets that may be subject to confidence include the recipe for a best selling soft drink or an improved manufacturing technique for a given product. Personally confidential information, such as that found in letters and diaries, does not fall within know-how.
