Research Task 5

 Task Five:


The main 4 parts of intellectual property are; trade secrets, patents, copyrights and trademarks. Each of these individually make up the bulk of intellectual properties in companies. 

TRADE SECRETS
Trade secrets refer to specific, private information that is important to a business because it gives the business a competitive advantage in its marketplace. If a trade secret is acquired by another company, it could harm the original holder.

Examples of trade secrets include recipes for certain foods and beverages, new inventions, software, processes, and even different marketing strategies. 

When a person or business holds a trade secret protection, others cannot copy or steal the idea. In order to establish information as a “trade secret,” and to incur the legal protections associated with trade secrets, businesses must actively behave in a manner that demonstrates their desire to protect the information.

Trade secrets are protected without official registration; however, an owner of a trade secret whose rights are breached for example, someone steals their trade secret–may ask a court to ask against that individual and prevent them from using the trade secret.

PATENTS
A patent is a type of limited-duration protection that can be used to protect inventions that are new, non-obvious, and useful, such a new process, machine, article of manufacture, or composition of matter. When a property owner holds a patent, others are prevented, under law, from offering for sale, making, or using the product.

COPYRIGHTS
Copyrights and patents are not the same things, although they are often confused. A copyright is a type of intellectual property protection that protects original works of authorship, which might include literary works, music, art, and more. Copyright protections are automatic; once you create something, it is yours. However, if your rights under copyright protections are infringed and you wish to file a lawsuit, then registration of your copyright will be necessary.

TRADEMARKS
Finally, the fourth type of intellectual property protection is a trademark protection. Remember, patents are used to protect inventions and discoveries and copyrights are used to protect expressions of ideas and creations, like art and writing. Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of one party from another. For example, the Nike symbol–which nearly all could easily recognize and identify–is a type of trademark. While patents and copyrights can expire, trademark rights come from the use of the trademark, and therefore can be held indefinitely. Like a copyright, registration of a trademark is not required, but registering can offer additional advantages.

Source: https://brewerlong.com/information/business-law/four-types-of-intellectual-property/

Copyright is a very important part in the creative industry. Especially this day and age when content is so easily accessible. An example of copyright is if I was to take a bunch of photos and someone else was to use them without my permission I could then claim copyright against them. There are ways I can help keep my photos safe, e.g. putting a watermark over them to defer people from using them for themselves. This is similar with videos and music. For example, if I was to upload a YouTube video with someone else's music in the background I would get a copyright strike. Three copyright strikes and I'd get kicked off the website. 

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. Trademarks mainly consist of company name's, symbol's and catchphrases. For example, Starbucks, the McDonald's 'M' displayed above every restaurant and 'I'm loving it'.

A Talent release is a legally binding document which any actor (these are called talents) will have to sign in order for them to be in front of a camera for a production. If you are under the age of 18, you will need a parent to sign the form with you. 

A location release is a legally binding document that gives permission for a film crew to film at a certain location. This document would need to be signed by whoever owns the location it’s filmed on. If it’s public land you will need to go to your local council to get permission. If it’s on private land you need to go to the owner of that land. There is no specific law against filming people in terms of privacy, so no-one can technically stop you from filming them. There are laws such as trespassing which is illegal which is why it’s good to always get a signed location release to cover your back when filming on private property. There is also no law against filming or photographing children, as long as the photos are decent in nature.

Public liability insurance is a system of risk financing to protect the purchaser from the risk of liabilities from stuff like lawsuits etc. If the purchaser is sued for claims that come within the coverage of the insurance policy then they will be covered. 

GDPR (General Data Protection Regulation) is an EU law and a legal framework that sets guidelines for collecting and processing all data from individuals living in the European Union. The seven principles  of GDPR are; 

  • Lawfulness, fairness and transparency.
  • Purpose limitation.
  • Data minimisation.
  • Accuracy.
  • Storage limitation.
  • Integrity and confidentiality (security)
  • Accountability.

The Competition Act 1998 prohibits any agreement, business practice or conduct which has, or could have, a damaging effect on competition in the United Kingdom. This includes abuse by a company which uses its dominant position in a way that harms competition. 

Source: https://www.orr.gov.uk/monitoring-regulation/rail/competition/competition-act-1998#:~:text=The%20Competition%20Act%201998%20prohibits,a%20way%20that%20harms%20competition.

The Enterprise Act 2002 is an Act of the Parliament of the United Kingdom which made major changes to UK competition law with respect to mergers and also changed the law governing insolvency bankruptcy. 

Source: Wikipedia 

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