BUSINESS LAW 2, 3 - IP law Flashcards
What are the two fields of intellectual property (IP) law?
- Artistic property 2. Industrial property
Artistic property includes artistic, literary, and musical works, while industrial property encompasses technical inventions, designs, and distinctive signs.
What does artistic property protect?
Artistic, literary, and musical works, including software, protected by copyright
Copyright is automatically granted upon the creation of the work.
How long is copyright protection valid in the EU?
70 years after the author’s death
This duration ensures the author’s economic and moral rights are preserved.
What are the two types of rights granted by copyright protection?
- Economic rights * Moral rights
Economic rights allow control and remuneration, while moral rights protect authorship and integrity.
What is required to initiate copyright protection for an artistic work?
No formal application process is needed; protection is automatic upon creation
Advising others of authorship can be done via copyright notice or registration.
What are the requirements for a patentable invention?
It must be non-obvious, new, and industrially applicable
Patents grant exclusive rights for a limited period, usually 20 years.
What is a trademark?
Exclusive rights over distinctive signs that identify products or services
Trademarks should be registered and typically last for 10 years, renewable.
What is a trade secret?
Valuable information kept secret that provides a business advantage
This can include technology, processes, or client lists, protected by non-disclosure agreements.
How can you protect a design?
With a Registered Community Design (RCD) through the EUIPO
Protection lasts for 5 years, extendable up to 25 years.
What are geographical indications?
Protection for products with a specific geographical origin and reputation
This includes agricultural products and wines, safeguarding against misuse or imitation.
True or False: Copyright protection requires a formal application.
False
Copyright is automatically granted upon the creation of the work.
Fill in the blank: A _______ is an invention that is non-obvious, new, and industrially applicable.
patent
Patents provide exclusive rights for a limited duration.
What is the duration of trademark protection?
Typically lasts for 10 years, renewable
Registration with EUIPO is necessary for protection in EU countries.
What type of rights do moral rights protect?
Rights to claim authorship and refuse modifications
These rights are part of copyright protection.
What steps must be taken to maintain a trade secret?
Keep information confidential and use non-disclosure agreements
This ensures that sensitive information remains protected.
What is the European Patent Office (EPO) responsible for?
Registering patents for European-wide protection
For international protection, WIPO must be contacted.
What is the significance of a copyright notice?
It indicates authorship and can help prove existence of a work
Commonly includes ‘all rights reserved’ or the © symbol.
