Design · Higher

Intellectual property

6 cards · 4 quiz · 1 exam
What you're learning in this topic

Learning intention WALT

We are learning about intellectual property, specifically to understand:

  • the purpose of intellectual property rights
  • copyright, design rights, patents and trademarks and what each protects

Success criteria WILF

  • I can explain the purpose of intellectual property rights
  • I can describe copyright, design rights, patents and trademarks and what each protects

Why protect IP HIGHER

Intellectual property is anything that results from creative work. Protection gives legal rights, lets the designer or company profit from their ideas and stops others copying them. Keep ideas secret while applying; ask manufacturers to sign a non-disclosure agreement.

Types of protection HIGHER

ProtectionCoversHow / how long
Copyright ©Literature, art, photography, music, film, software, web contentAutomatic. Lasts 25–70 years after the creator's death. Mark with ©, name and year; keep dated proof.
Design rightShape and configuration of an objectAutomatic. 10 years after first sold or 15 years after creation, whichever is earlier.
Registered design ®Appearance: shape, pattern, colour, packagingMust apply. Up to 25 years, renewed every 5 years.
Trademark ™ / ®Brand names, logos, words, jingles™ unregistered, ® once registered. Renewed every 10 years, can last forever.
PatentNew inventions: how they work, are made, what they are made ofMust apply; must be new and inventive. 20 years with annual renewal. "Patent pending" during application. Expensive.

Exam link: which protection? HIGHER

  • Brand name or logo: trademark.
  • Shape or appearance: registered design or design right.
  • Instructions, photos or software: copyright.
  • A new working mechanism such as a hinge: patent.
  • A secret recipe or formula: confidentiality agreement (NDA).

Key terms

PatentProtects a new invention (how it works/is made) for 20 years; must apply.
CopyrightAutomatic protection for written, artistic, musical and software works.
Design rightAutomatic protection for the shape of an object (10–15 years).
Registered designProtects appearance; must apply; up to 25 years, renewed every 5.
TrademarkProtects brand names, logos and symbols; renewed every 10 years.
Patent pendingCan discuss the invention openly while the application is processed.

Quick check

1. Which protects a new mechanism inside a product?

  1. Copyright
  2. Trademark
  3. Design right
  4. Patent
Show answer
D: Patent. Patents cover how an invention works.

2. Which protection is automatic?

  1. Copyright
  2. Registered design
  3. Patent
  4. Registered trademark
Show answer
A: Copyright. Copyright (and design right) need no application.

3. A company logo is best protected by…

  1. Patent
  2. Trademark
  3. Copyright only
  4. Design right
Show answer
B: Trademark. Trademarks protect brand identity.

4. How long does a granted patent last (with renewals)?

  1. 5 years
  2. 10 years
  3. 20 years
  4. Forever
Show answer
C: 20 years. 20 years in the country granted.

Exam-style questions

1. Explain the purpose of intellectual property rights and describe two methods of protecting them. (4 marks)

Show marking guidance
  • Purpose: legal protection so the designer/company can profit from the idea and stop copying (1)
  • Patent: protects new inventions, 20 years, must apply (1-2)
  • Trademark: protects logos/brand names, renewable (1-2)
  • Copyright / registered design described also accepted

Printable worksheet

An I do, we do, you do worksheet for this topic, with a separate answer sheet.

Worksheet (PDF)Answers (PDF)