The intention was to include relatively recent formats, such as holograms. Only those who are secondary infringers, for example, those who possess infringing articles in the course of business, or who sell or hire them out, are considered to need protection from threatening letters. If a commercial argument develops about who is to own the copyright it is often tempting to suggest joint ownership. If a drawing is prepared for use in manufacturing an article, such as a television set, the drawing is an artistic work and is therefore copyright. The interested public must be given the full information so that the design can be checked and therefore its date of expiry or non-renewal determined.
There is inevitably some repetition for clarity, such as brief comments on ownership and suing for infringement in each of Chapters 2—6, while greater detail on both these topics can be found later in the book. Parliamentary debates made it clear that the internal layers of a semiconductor chip are to be included, so the wording of design right law should apply even to an internal feature which cannot be seen. Copying a large part of a topography and then introducing a small change into the remaining part does not evade the law. If the applicant wants to check novelty, the registry will search existing registrations for a fee of £25. The owner of copyright in a program can control its conversion into a different computer language and its conversion into or out of computer code. Normally, the onus will be on the owner of the right to show that the alleged copyist had access to the design in question. There are two main types of misuse.
Either the article itself or the design document can be used to make the copy. An invention is regarded as not novel if an earlier publication gives a clear description of something which would infringe a patent claim if it was done after grant of the patent. This is covered by definition 6 above. These can be financial and non-financial but it is expected that royalty rates will be the subject of most disputes referred in this way. The design must be novel and have aesthetic features. Infringers cannot then argue that they infringed innocently, but it is essential for the registration number to be used. This protects a chip manufacturer who follows instructions to make a semiconductor product which turns out to be an infringement.
This probably applies to an overhead line tower or a large, fixed transformer as well as more conventional structures such as bridges. A registration applied only to the article named on the application form. But such a notice must be sent before any subsequent letter referring to the possibility of legal action. He studied law at McGill University and the University of Montreal in Canada, at the Graduate Institute of International Studies in Geneva, Switzerland, and the University of Nantes, in France, where he obtained a Ph. The disadvantage is that if the protection fails for some reason, it fails in all countries. Any product or pattern record used to produce it can be copied so that the topography, or the concepts or techniques on which it is based, can be analysed or evaluated.
In a nontechnical context, one line of a well-known song would be considered a substantial part. If a feature of a product is dictated by its function, then it cannot be protected by a design registration. Registration can last for 25 years, provided conditions are met and fees are paid. Removing such a system is not allowed and nor is trading in devices to remove it. The licence may grant the right to copy manufacturing drawings to prepare for a major production contract, but the most common type of copyright licence is for use of computer software. The clear intention is to cover all possible types of program record.
The invention can be developed and modified and at the 12 month stage another specification can be filed, including all the modifications plus claims which also cover the improved version. Two such objects are semiconductor chips and the masks used during chip manufacture. For example, the owner may be able to show that an ex-customer has acquired the articles from another source, for example, after asking another manufacturer to make copies. This was decided in a case relating to the early development of colour television: the invention was the realisation that separating the colour and brightness signals gave important advantages. Design right extends to chips and masks, and is dealt with separately in Section 3. In either case the work has been recorded. The multiple application can be divided later or can proceed as a whole.
This would also apply to importing the master copy, selling it, hiring it or possessing it in the course of business. It includes copyright, industrial designs, patents, layout of integrated circuits and undisclosed information including trade secrets. Once the topography has been analysed the analysis can be used when another topography is created; if that topography itself is regarded as original and not commonplace, it will be fully protected by its own topography right. With the resources and guidance found in this book, the audit can be performed within a reasonable time and provide potential cost savings to the organization. The term is similar to that for design right but for topography there is no equivalent of the licence of right to copy in the last 5 years of its existence. There are only two exceptions.
As far as computer programs are concerned, lawful users may make a back-up copy for security but it is not fair dealing to decompile software in general even for research purposes. The safest course is to seek advice from a patent attourney before taking any action at all. An application form has to be filled in, naming the article to which the design is applied but the legal protection is not limited to the named product. If a photographer takes a photograph of a particular scenic view, it is not infringement for another person to photograph the same view, even though the two photographs are virtually indistinguishable; the second photograph has been independently created. A patent only has legal effect in the country for which it was granted.