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Do I always need permission to use IP?


More About Intellectual Property

What is intellectual property or IP?
How do I get protection for my idea/material?
How will my idea/material benefit from IP?
How do I enforce my rights?
Do I always need permission to use IP?
How do I get permission to use someone's material?
Why is Intellectual Property important to medicine?
Can I patent computer software?

No, there are some uses that are not restricted by IP. For example, you can search through all the published records of the registered IP rights as a source of technical information. The UK Patent Office may be able to search these databases for you through their Patent or Trade Mark Search and Advisory Service.

There are also other minor uses that do involve one of the activities restricted by the IP right but which fall within the scope of exceptions to the right. There are a number of exceptions in the copyright area. For example, making a single photocopy of a copyright work for the purposes of non-commercial research or private study.

In some very limited cases, particularly in the area of patents, it may be possible to obtain a compulsory licence. Material protected by design right is subject to a licence of right after five years. A refusal of a licence may occasionally be contrary to competition law and if so you could take it up with the Office of Fair Trading (OFT).

Also, in cases where use of material protected by copyright or related rights is collectively licensed, you may be able to ask The Copyright Tribunal to overturn a refusal of a licence. Therefore, in these cases, you may eventually be able to use IP even where permission has been refused, but you will still have to pay for use.

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