1. Copyright- Confined to literary or artistic works which are orginal
creations in the literary or artistic domain. It is protected from the moment of their creation a) This includes i. Books ii. Drawings iii. Paintings iv. Sculptures v. Musical compositions vi. Photographic works b) Commissioned work i. The work itself is owned by the person commissioning. ii. Copyright is still with the creator.
2. Patentable Inventions- any technical solution of a problem in a field of
human activity which is new, involves an inventive step and is industrially applicable a) No patent, no protection b) First to file rule
3. Trademark- any visible sign capable of distinguishing the goods or
services of an enterprise and shall include a stamped or marked container of goods. a) Dominancy Test- focuses on the similarity of the main, essential, features of a mark b) Holistic Test- mandates that the entirety of the marks in questioned must be considered in determining confusing similarity
Infringment- reproduction or colourable imitation of a registered mark or
a dominant feature thereof and application of such reproduction or imitation of labels, intended to be used in commerce. There is a likelihood to cause confusion or mistakes in the mind of the public or deceive purchasers.