Intellectual Property Law and Related Rights
Overlapping rights
Trade marks sit alongside copyright, designs, patents and passing off. Candidates must understand how these rights overlap and how they differ. For example, a logo may be protected by copyright as an artistic work and by trade mark registration. A product shape may be protected by design registration and by trade mark if it has acquired distinctiveness. Traps include assuming that copyright protection requires registration, or that a design right prevents trade mark registration of the same shape.
Passing off
Passing off protects unregistered goodwill. The classic test requires goodwill, misrepresentation, and damage. It is often used alongside trade mark infringement. Traps include confusing passing off with infringement, or forgetting that goodwill must exist in the relevant territory.
Related rights
Know the basics of geographical indications, collective marks, certification marks, and domain names. Understand how these rights interact with ordinary trade marks, and the rules on priority between domain names and registered marks.
Worked example
A competitor copies a distinctive bottle shape. The owner may rely on registered design rights, trade mark registration (if the shape has acquired distinctiveness), and passing off (if goodwill and misrepresentation are shown). Rule of thumb: identify the right that best fits the subject matter, then check whether the right is registered or unregistered.