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IP Confidentiality Guide

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Intellectual Property Section 1 Q: I have recently compiled a database which holds the location reference numbers for all the cytology samples I have used over the past 6 months. Is this protected by copyright? A: Yes, if it involved skill in creating it. It may also be protected separately by "Database Right" (see Database Rights section on page 12). Designs Designs of or on 3-D objects can be protected by design rights which arise automatically or they can be registered. There are different types – UK registered and unregistered designs, and Community registered and unregistered designs. Community registered and unregistered designs offer protection throughout the EU, not just the UK. Each type is a little different in the criteria required for protection and the level of protection available. A few examples are set out below: UK Unregistered Design Rights can arise automatically in all or just parts of a design. The design must not have been copied from another source and it must not be commonplace in the relevant design field. For example, a design for some scissors, unless very unusually designed, would likely be commonplace in the field of cutting equipment. There are exceptions; UK unregistered design right will not protect any kind of surface decoration (e.g. an engraved design on the scissors). Nor will it protect any design which is dictated by the way it has been made and any design which has been created to fit around or inside another object (e.g. a plug and socket) or to match with another object (e.g. a door panel of a car). UK unregistered design rights will last for the longer of 10 years from when the object was first marketed or 15 years from the date of the actual design document. 10

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