Intellectual Property Advantages Disadvantages

None No legal concerns/fees. Can change and Anyone can use an idea or concept
develop the idea freely. developed by you. Someone else could
No action taken to legally protect ideas or potentially protect it.
invention Potential to maintain competitiveness simply
by being the first into the market. Some No guaranteed rewards for investors.
markets move so fast that IP is simply not
worth the wait or the expense

Copyright

Comes into effect immediately something No official registration required. Comes into Does not protect ideas, only the way in
that can be protected is created and ‘fixed’ in effect immediately. which the idea is expressed
someway e.g. on paper, on film, via sound
recording, as an electronic record on the No cost to marking something as copyright To be effective it must be enforced. You
internet, etc. have responsibility for legally asserting
copyright if you feel it is infringed. Involves
legal costs and proving infringement

Registered Design

Monopoly right for the appearance of the Can be combined with legal protection from Cannot be applied to designs that concern
whole or a part of a product resulting from copy right and design rights how a product works or which are not visible
the features lines, colours, shape, texture or in normal use – ascetics only
materials used. Cannot be the same as any Protect genuine design innovation for up to
design already available and must have 25 years Easily subverted by slight amendments to
‘individual character’ the basic design
Design Rights Advantages Disadvantages

Applies to original, non-commonplace Comes into effect automatically, like Up to you to take civil action against an
designs of the shape or configuration of copyright. infringer.
products. Only applies to products; 2D
designs are protected by copyright. Unlike Provides for an exclusive right for five years Design features enabling one product to be
‘registered designs’ it is not a monopoly right after first marketing a design. fitted or matched to yours are not protected
but prevents copying for 10 years (you cannot restrict spares in the market)

Unlike copyright, design rights are limited to

Trade Marks

A sign that can distinguish the goods and Legally prevents others taking advantage of Having a registered trade mark does not
services from one trader from those of customer good will generated by your entitle you to the related internet domain
another. Might include words, logos, business by trading under your name (or names
pictures or a combination of these something very similar)
The degree to which similar (not identical)
trade marks infringe upon your business is a
matter for debate in civil action with related
costs
Patent

Granted by a government, a patent is the A patent gives the legal right to stop others Takes time and money to establish a patent.
right for a limited period to stop others using your invention. Its existence may be All patents have to be ‘researched’ to ensure
making, using or selling an invention without enough to deter competitors there are no existing patents of a similar
permission. Patents are concerned with nature – involves legal fees
products or process which are: Buys time (20 years) in which an inventor
• New, cannot have been made public in can develop a market to the product or Not possible to guarantee that a patent
anyway before the date the patent is filed process (once granted) is valid, it can be legally
challenged and revoked with no refunds
• Involve an inventive step Attractive to investors as it limits competition
It is still up to the inventor to protect a patent
• Be capable of industrial application, as if they can identify an infringement – the
distinct from a purely intellectual or patent office don’t take sides
aesthetic activity. Process alleged to
operate in a manner contrary to well- Granting a patent is no indication that the
established physical laws therefore do invention has any merit or commercial value
not have industrial application
Some products and process can be varied
Patents can be taken on a country specific slightly to get around the exact wording of
basis or worldwide. More countries means patents
more cost and effort to achieve this.