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Academic-Materials-and-Publishing-2014

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Intellectual Property Section 2 Trade marks Q: I have put together a package of teaching materials on the topic of cancer causing chemicals. After much thought and consultation with my co-writer, I have decided to call the package "The CanChem Papers". My institution is considering marketing these materials across a number of other research-based institutions with which it is closely affiliated. Is there any way that I can prevent other people or institutions from using the name of the package? A: Possibly. You could protect the name as a trade mark. Trade marks can arise automatically (if a mark has been used and has built up a reputation) or can be registered with the Trade Marks Registry at the UK Intellectual Property Office. If you can, it is much better to register your mark because unregistered trade marks are more difficult to enforce. A trade mark will usually be registered if it is distinctive and not descriptive and there are no existing identical or similar marks. In this case, if you registered the mark "THE CANCHEM PAPERS", you would be entitled to prevent third parties from using the same or a similar name for either the same or similar goods and services for which you were using your mark. The mark might be rejected though as being too descriptive. Domain names / Social Media Domain names are not strictly IP; they are the resource through which web pages can be accessed. For example, university websites can be accessed through www.[institution name].ac.uk. If you were thinking of delivering an on-line course on a separate website to that of your institution, you would need to first obtain a domain name at which you could set up the website through which your course could be accessed. Ideally, you should obtain a domain name which contains a reference to your course. If, as in the above example, your course was called 'THE CANCHEM PAPERS', you could check whether the domain name www.canchem.co.uk, or something close to it, was available. You may also want to consider other social media addresses, such as Twitter. These are also no IP, but useful in promoting name recognition. 11

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