Final Ch. 25 Flashcards
Copyright
protects ownership of original literary/artistic/dramatic work recorded in any tangible form
copyright: original
means not copied rather than unique, about how it is expressed
copyright: literary
any kind of information can be subject to copyright
copyright: photographers or filmmakers
are owners of the copyright but if there was someone commission than they have the right to prevent publication
direct infringement
any exercise of the owners exclusive rights without permission (ex. copying CDs)
secondary infringement
exploitation of the copyright commercially includes importation or sale
Design right
protect ownership of an original design for a 3D functional item excluding surface decoration; automatic protection
Registered Design
relate to the appearance of the product its shape and any patterns or design on it; design must relate to a product which is new and has individual character
Registered design: individual character
overall impression of the design on the user
Patents
protects ownership of original invention of a product or process
Patents must be (3)
- new: no one else should know about the existence
- inventive step
- capable of industrial application
Trademarks
must be distinctive verbal marks: 1. names of people 2. names of products non-verbal marks: 1. must be different 2. not against public 3. not to identical
Remedies (4)
- Injunction
- Damages
- Account of profits
- Seizure, delivery up or destruction orders