• Legal definitions: The World Intellectual Property Organization gives the following definitions:
• Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images and designs used in commerce. Intellectual property is divided into two categories:
  • 1 Industrial property includes patents, which give the exclusive right to make, use and sell an invention in a given geographical area; trademarks (words or symbols that differentiate a company); and industrial designs. A granted patent gives patent protection for 20 years in the UK. After that time you must renew the patent. In order to trademark, or register your trademark, you will need to complete a registration process.
  • 2 Copyright protects literary and artistic works. Copyright protected work includes novels, plays, films, musical works, artistic works such as drawings, photographs, and architectural designs. Copyright protected work is said to be subject to copyright.
• Note:

The copyright symbol: ©

The trademark symbol: ™

The registered trademark symbol: ®

• Legal problems: Legal problems may arise if another person has used copyright protected work without the copyright owner’s (or holder’s) permission. The UK Patent Office says:
  • ‘Intellectual property (IP) crimes include counterfeiting and piracy. Counterfeiting is deliberate or wilful trademark infringement and piracy is wilful copyright infringement. Infringement means reproducing copyrighted work without permission from the IP owner.’
  • If a trademark or copyright holder believes that another person has made unauthorized use of a trademark or copyright, then this may lead to a lawsuit, where one company takes another to court to enforce the trademark or copyright. The infringer, the person who has broken the copyright, may have to pay damages or compensation to the trademark holder, normally financial.
  • Most company websites include a page called terms and conditions or copyright information. Visitors to the site must agree to the terms and conditions. The terms and conditions usually contain what a visitor may download or take from the web page and post or upload to the web page, and a disclaimer to say the company is not legally responsible for the misuse of its web pages.
• The Consumer Protection Act: The Consumer Protection Act is a law in the UK that protects the consumer from faulty or defective products, or products that are not as safe as they are generally expected to be.
  • Consumers are legally entitled to goods of a satisfactory quality. Producers, suppliers and importers are liable for – that is, responsible for – the products they sell. Death, personal injury – involving physical damage to a person – and damage to private property are covered under the act.
  • Enforcement of the act – that is, making sure the act is respected – is the job of the trading standards officer. Businesses need to monitor and control their produce to make sure they are fulfilling, or carrying out, all safety regulations.
  • A central part of the law is product liability, which means that any person who is injured or physically hurt by a defective product does not have to prove a manufacturer negligent – that is, at fault – before suing, or taking the manufacturer to court.

 Exercise 1: Complete the newspaper report and then match the problems (a–c) with the offered solutions (i–iii).

Stores do their best to part us from our cash, but they are not always as friendly if a (1) __________________ is defective. We have teamed up with consumer watchdog Which? to offer some help.

• a The iron I bought was faulty and I was given a replacement, but that also stopped working after a week. The shop has refused to exchange it, saying the second iron was a gift. Is this correct?
• b My parents bought us a washing machine as a present but it exploded when we were out. The smoke and fire damage is extensive. Who is responsible for this?
• c I have written many letters to a local supermarket after having found bits of glass in their fresh fruit. I still don’t have a satisfactory response.

Which? answers:

• i As you did not buy the machine yourself, you have no contract with the shop. But you can claim against the manufacturer under the Consumer Protection Act 1987 for (2) _______________________ to your house and any (3) ______________________ injury. Your parents, however, can claim for the machine from the retailer.
• ii Try contacting the trading (4) _________________officer. He / she is responsible for (5) of the Consumer Protection Act.
• iii No, you are legally (6) _________________ to goods of a (7) _________________________ quality