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ADR - Intellectual property

this stands for 'alternative dispute resolution'. It is used as a way to resolve disputes without going to Court. Mediation is an example of this

Agency

a legal relationship between a person known as an agent, who acts and contracts on behalf of another person, known as the principal

Agent

a person appointed by another to act on his or her behalf.

Agreement

in law, agreement is another name for a contract, which is a legally binding oral or written agreement

Arbitration

an alternative method of resolving disputes paid for by the parties, determined by an arbitrator

Breach of contract

a failure by a party to a contract to abide by the terms of the contract or to perform the obligations outlined in the contract

Breach of privacy

an unwarranted or unauthorised intrusion of an individuals privacy by government, media or other institutions or individuals

Collective mark

trade marks owned by an organisation (such as an association) whose members use them to identify themselves with a level of quality or accuracy, geographical origin or other characteristic(s) set by the organisation

Confidentiality agreement

a signed document that legally binds the parties to keep the information confidential, and contractually restricts disclosure of this information to anybody else

Copyright

a persons exclusive right to reproduce, publish or sell his or her original work of authorship (as a literary, musical, dramatic, artistic or architectural work)

Damages

money claimed by a party as compensation for being harmed in some way, or to recover financial loss

Data protection

safeguards relating to personal data, ie personal information about individuals that is stored on a computer and/or in relevant manual filing systems

Database rights

the rights related to an organised collection of information held on a computer

Defamation

the publication of an untrue statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community or to make them shun or avoid him

Design rights

protection for the external appearance of an article, including its shape, configuration, pattern or ornament. A design right is distinct from a patent, which protects the internal workings of the article

Domain name

virtual address on the internet

European Patent Office (EPO)

pan-European body responsible for granting patents across Europe

Exclusive/non-exclusive right

an exclusive right refers to an agreement under which only one person may sell or otherwise use a particular item or permission, often at the exclusion of the person who originally owned it. A non-exclusive right refers to a situation where multiple agents may sell a property

Infringement

the unauthorised copying or use of a protected form of intellectual property

Injunction

an order issued by the court preventing or requiring action, often in an emergency

Injunctive relief

the granting of an injunction

Intangible property

items that represent value but are not actual, physical objects. Examples include stocks in a company, bonds, bank notes, trade secrets, patents, copyrights and trademarks

Intellectual property

property that derives from the work of the mind or intellect. May receive legal protection through such mechanisms as copyright, patents and trade marks

Intellectual property rights (IPR)

intangible property rights resulting from intellectual effort, including patents, designs, copyright

Invention

the creation of a new technical idea and of the physical means to accomplish or embody it. To be granted a patent, an invention must be novel, have utility and make a distinct and recognised contribution to the advancement of science

Know-how

information with technical significance that is not formally recognised as an intellectual property right

Letter of consent

letter from one party consenting to the use or registration of another partys trade mark

Libel

the publication or broadcast of an untruth about a person that will harm their reputation by fostering the ridicule, hatred, scorn or contempt of others. Libel is distinguished from slander, which is oral defamation (see defamation)

License

agreement granting a person (the licensee) permission to use a work for certain purposes or under certain conditions

Mediation

alternative process to Court (see ADR)

Misrepresentation

making a false or misleading statement on which another party relies

Moral rights

the author of a copyright work retains certain rights over a work even after sale or transfer of the works copyright

Non-disclosure agreement

an agreement where parties share certain sensitive or confidential information with one another, but wish that information to remain undisclosed to other parties

Notice to terminate

a formal notification that the contract is to be terminated after a period specified in the contract or the notice itself

Obligation of confidence

the duty not to make public or known to a third party some secret or private information that was expressly or impliedly imparted under a relationship of confidence

Office for Harmonisation in the Internal Market (OHIM)

the Trade Marks and Designs Registration Office of the European Union

Passing off

actionable misrepresentation by a party that goods or business are those of another

Patent

the grant of an exclusive right to exploit an invention i.e. to use it and benefit from it

Patent application

a technical document describing in detail an innovation for which a patent is sought

Patent Attorney

qualified under the rules of the Chartered Institute of Patent Attorneys

Personality right

combination of rights owned by a person to exploit his or her image and consequently to sue any party for any unauthorised exploitation of that image

Plant variety rights

a form of intellectual property designed to protect new varieties of plants in a similar fashion to a patent. Also sometimes know as plant breeders' rights and governed by the Plant Varieties Act 1997

Publicity rights

a collection of rights held by individuals enabling them to control the commercial use of their identity and persona, such as name, voice, signature, photograph and likeness

Royalty

a sum payable by a third party to the rightsholder for the right to use their property for the purpose of gain. Royalties are paid generally for the licensing of intellectual property

Tangible property

physical articles, as distinguished from intangible assets such as rights, patents, copyrights and franchises. Examples include furniture, cars, jewellery and artwork (see intangible property)

Trade mark

any sign, symbol, feature or get-up that is capable of distinguishing one traders product, or service, from anothers

Trade Mark Agent/Attorney

member of the UK Institute of Trade Mark Attorneys

Trade name

a name of a business or one of its products that identifies the product as belonging to the business

WIPO (World Intellectual Property Organisation)

international body responsible for facilitating the granting of intellectual property rights throughout the world

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