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a document (or on a website), software code,literary works and sound recordings.Most forms of copyright last for the life of theauthor plus seventy years, although in somecases the term is significantly shorter: forinstance, it only lasts for fifty years in the caseof computer software and sound recordings.The owner of copyright in a work can preventsomeone else from copying it but, in contrastwith patents, cannot stop someone else fromusing an identical work that they haveindependently created or from exploiting theidea behind the work.3. Trade marksA trade mark in its widest sense is any sign(such as a word or logo) that designates theorigin of a business’s goods or services, so asto distinguish them from the goods or servicesof other businesses.Unregistered trade marks are protected underthe law of "passing off", although to assertthem can be expensive and time-consuming. Itis usually preferable for businesses to seek toregister their trade marks for the specific goodsand services for which they are used. Trademark registrations are generally obtainedcountry by country, although it also possible toobtain an EU-wide trade mark registration(known as a “Community Trade Mark”) as wellas an international registration in whichspecific countries are nominated.In the United Kingdom, trade markregistrations initially last for ten years but canbe renewed thereafter for further ten yearperiods, in theory indefinitely. Trade marks thathave been registered are often displayed withthe ® symbol.The ability to secure trade mark registrationsgoes to the heart of protecting a brand, andregistrations can be obtained not just forwords, but also for symbols, colour, sounds,shapes and even smells (although shapes andsmells can be very difficult to register inpractice).Note that trade marks may be referred to as“trademarks” outside the UK.4. Registered designsIn the UK, it is possible to protect designs byregistering them. In order to qualify forregistration the design must be new, and itmust have individual character: it must createan overall impression that is different from thatof any previous design. Industrial designs, aswell as aesthetic or artistic designs, can beregistered. Although design registration mustbe applied for with reference to a product, theregistration actually protects the design itself,as applied to any product. Some designscannot be registered, for example designs thatare solely dictated by the technical function ofthe product in question, or where the shape ofthe product is dictated by the requirement to fitor connect with other specific features ofanother product. A design right registrationlasts for up to twenty-five years (subject torenewal), during which time the owner canprevent anyone else from using the design orany design which does not create a differentoverall impression.In addition, it is also possible to obtain an EUregistration for a design, which covers allstates of the European Union. The basicprinciples of this are the same as those for UKregistered designs. EU registrations also lastfor up to twenty-five years.5. Unregistered design rightIn the UK, unregistered design right (UDR)(also referred to as “Design Right”) arisesautomatically when an original design isrecorded or a product is made to the design. Itessentially covers purely industrial orfunctional designs rather than aestheticdesigns. Protection lasts for either fifteen yearsfrom the date the design was first recorded in adocument or an article/whichever is earlier, orten years from the date when a productcontaining the design is first marketed for saleor hire. The scope of protection afforded byUDR is more limited than in the case ofregistered designs. In particular, UDR onlyprevents copying and so does not protectagainst similar but independently createddesigns. Any third party is entitled to a licencefrom the owner during the last five years of theright to do any act which would otherwise bean infringement of the right.There is also a limited EU unregistered designright, which lasts for three years from the datethe design is first disclosed or made availableto the public.6. Database rightDatabase right is aimed at protecting theinvestment put into creating databases, andspecifically in obtaining, verifying andpresenting the database contents. The firstPAGE 28