Intellectual Property and Information Law
Intellectual Property and Information Law
This domain tests the main IP rights, confidential information, data protection and access to information, with Irish and EU overlays.
IP rights
- Copyright arises automatically under the Copyright and Related Rights Act 2000 for original literary, dramatic, musical and artistic works, sound recordings, films, broadcasts and typographical arrangements. Duration is generally life plus 70 years; moral rights protect attribution and integrity. Exceptions include fair dealing for criticism, review, news reporting and education.
- Trade marks under the Trade Marks Act 1996 protect signs capable of distinguishing goods or services. Registration lasts 10 years and is renewable indefinitely. Passing off protects unregistered goodwill.
- Patents under the Patents Act 1992 require novelty, an inventive step and industrial application; protection lasts 20 years. Confidential information and trade secrets are protected by breach of confidence.
Information law
GDPR and the Data Protection Act 2018 govern personal data. The FOI Act 2014 gives access to records held by public bodies, subject to exemptions. Confidentiality and privilege are separate from data protection.
Worked example
An employee writes software for the employer using work time and equipment. Copyright in the software belongs to the employer unless the contract says otherwise, because the work was made in the course of employment; the employee may still have moral rights unless waived.
Traps
Copyright does not require registration. A trade mark does not last forever without renewal. Fair dealing is not the US fair use doctrine. Confidential information can be protected even without a written contract.