IP Glossary: A

Revised 25 Jan 2017
Account of Profits
A remedy for infringement of an IPR. Assessment of the profits that a wrongdoer has gained from his or her wrongdoing.
Anticipation
One of the grounds upon which a patent can be revoked. Essentially that the invention is not new. In Synthon BV v. Smithkline Beecham plc (20 Oct 2005) [2006] 1 All ER 685, [2005] UKHL 59, [2006] RPC 10, the House of Lords said that anticipation requires an enabling disclosure of subject-matter which, when performed, must necessarily infringe the patented invention.
Artistic Work
S.4 (1) of the CDPA defines an artistic work as a graphic work, photograph, sculpture or collage, irrespective of artistic quality, a work of architecture being a building or a model for a building, or a work of artistic craftsmanship. “Graphic work” includes any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work.
Appointed Person
Appeal tribunal from hearing officers’ decisions.
Artist’s Resale Right
The right of an artist to claim a portion of subsequent sales of certain types of artistic works.
Author
The person who creates a copyright work.