Industrial Law Flashcards
(25 cards)
What is INTELLECTUAL property IP?
Creations of the mind USED IN COMMERCE. Like inventions, literature and artistic works, designs, symbols, names and images…
What is the ultimate goal of the INTELLECTUAL Property Rights.
To obtain the right balance between the interests of the innovators and the wider public interest.
What is the Industrial Property Code? CPI
Contains rules on industrial property rights and complements specific provisions to be found in the civil code.
Types of INDUSTRIAL Property Rights exist in the CPI?
- Trademarks & distinctive signs
- Geographical indications & designation of origin
- Designs and models, inventions, utility models
- Topographies of semiconductor products / mask works.
- Trade secrets and plant varieties (as in vegetation).
How are Property Rights obtained?
A patent is granted and a trademark is registered.
Types of INDUSTRIAL Property Rights that are granted?
- Inventions
- Utility Models
- Plant varieties (as in vegetation)
Types of INDUSTRIAL property rights that are registered?
- Trademarks
- Designs, models
- Topographies of semiconductor products / mask works
What are the primary FUNCTIONS of INTELLECTUAL property rights
Protect and stimulate the development and distribution of new products, inventions…
a. Enable indirect REVENUES (marketing and licensing)
b. Promote culture and creative sectors enabling creators to obtain an economic reward.
c. Facilitate the disseminations and transfer of technology
d. Guaranty the profitability of innovations, protecting small and new companies.
e. Business assets
What are Distinctive Signs?
Elements that function to IDENTIFY an entrepreneur, place of business or product TO DIFFERENTIATE IT.
What are the 4 requirements of a Distinctive Sign of a company?
- Distinctiveness
- Use or registration
- Novelty
- Notoriety
DUNN
The italian law knows the following types of distinctive signs:
- Company/firm/business/ name (Ditta)
- Tradename (Insegna)
- Trademark (Marchio)
Define the “Company/firm/business/trade name (Ditta)”
Is the name under which the entrepreneur conducts the business.
It HAS to contain the surname or the initials of the entrepreneur (Principle of truth). and it COULD have freely chosen words. It HAS to be novel.
Example: “Intimo di Lorenzo Laura”
In case of “Collective” undertakings it MUST contain an indication of the legal form (S.n.c…S.A.)
Example: Fiat Auto S.p.a; Celebrations Guatemala S.A.
Explain how the transfer of the company name works
The company name cannot be transferred separately of the business.
It can be transfer by a Purchase consented by the seller (ex vivo transfer). or the Passing to the successor after death. (Mortis causa transfer).
Define the “ Tradename (Insegna)”
The sign or set of signs identifying the premises WHERE the business is carried out. AKA: The public communication name.
It DOESN’T HAVE to be registered.
CAN be different from the Company name but not necessarily.
Example: Intimmissimi; Frambuesa Celebrations
Define the “ Trademark (Marchio)”
The trade mark is a sign, or combination of signs, which distinguishes the goods and services of a company from those from another.
This one HAS to be registered.
There are requirements for it registration and also different types of trademarks.
Example: Intimmissimi; Apple, Coca-Cola.
Definition of Trademark for the Italian law.
All signs may be registered as trademarks,
(in particular words, including personal names, drawings, letters, numbers, sounds, the shape of the product or its packaging, colour combinations or shades)
That are capable:
a) of distinguishing the products or services of one undertaking from those of other undertakings; and
b) of being represented in the register in such a way as to enable the competent authorities and the public to determine clearly and precisely the object of the protection conferred on the holder.))
Who can register a trademark?
Anyone who uses or intends to use a trademark in the manufacture or trade of products or in the provision of services by his own company or by companies over which he controls or which use it with his consent may obtain a trademark registration.
- Anyone who has applied in bad faith cannot obtain a trademark registration.
Which are the 7 different types of trademark?
- Manufacturer’s trademark (marchio di fabbrica)
- Trademark (Marchio di commercio)
- Collective trademark
- Certification Trademarks
- Initials
- Emblem / logo
- Domain name
Define the type of Trademark, 1. Manufacturer’s Trademark
Factory trademark (marchio di fabbrica). A Trademark that is primarily associated with the manufacturer or producer of a product (origin, quality, source)
Ex: Apple and Coca-cola
Define the type of Trademark, 2. Trademark (Marchio di commercio)
(Marchio di commercio) has 2 meanings.
a) references the entrepreneur who DISTRIBUTES the product that is manufactured by others.
b) can be broader, encompassing both: the manufacturer’s trademark and the commercial aspects of branding.
Define the type of Trademark, 3. Collective Trademark
Marks that distinguish products belonging to homogeneous GROUP OF COMPANIES, represented by a trade association or consortium.
(By specific origin, nature or quality).
(a regulation, rulebook, is also filed with the necessary requirements that a product must have to use the mark.)
Examples:
Bancomat, Grana padano, café de antigua, cacao maya, jade de Guatemala.
Define the type of Trademark, 4 .Certification Trademarks
Marchi di garanzia. Guarantee the ORIGIN, NATURE or QUALITY of certain products. The purpose is to certify certain characteristics.
It CAN’T be combined with designation of origin.
Example: Lactose free, recycled cotton…
Define the type of Trademark, 5. Initials
Abbreviation of a name.
If initials don’t acquire distinctiveness over time in a way that consumers associate it to a certain product, they cannot be protected by law.
Example: BMW; Adidas…
Define the type of Trademark, 6. Emblem / logo
A symbol or representation.
