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Start Up and Industrial Law > Industrial Law > Flashcards

Industrial Law Flashcards

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1
Q

What is intellectual property IP?

A

Creations of the mind, inventions, literary and artistic works, designs, symbols, names and images USED IN COMMERCE.

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2
Q

What is the ultimate goal of the intellectual property rights.

A

To obtain the right balance between the interests of the innovators and the wider public interest.

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3
Q

What is the Industrial Property Code? CPI

A

(Decreto legislativo 10 feb 2005, no. 30) Contains rules on industrial property rights and complements specific provisions to be found in the civil code (artt. 2563-2594)

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4
Q

Source of the Copyright Law in italy

A

(Legge 22 aprile 1941, n.633)

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5
Q

Types of Industrial property rights exist in the CPI?

A
  • 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).
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6
Q

How are property rights obtained?

A

A patent is granted a trademark is registered.

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7
Q

Types of Industrial property rights that are granted?

A
  • Inventions
  • Utility Models
  • Plant varieties (as in vegetation)
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8
Q

Types of industrial property rights that are registered?

A
  • Trademarks
  • Designs, models
  • Topographies of semiconductor products / mask works
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9
Q

What’s the primary functions of intellectual property rights

A

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

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10
Q

What are distinctive signs?

A

Elements that function to identify an entrepreneur, place of business or product TO DIFFERENTIATE IT.

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11
Q

What are the 4 requirements of a distinctive sign of a company?

A
  1. Distinctiveness
  2. Novelty
  3. Use ore registration
  4. Notoriety
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12
Q

The italian law knows the following types of distinctive signs.

A
  1. Company/firm/business/trade name (Ditta)
  2. Tradename (Insegna)
  3. Trademark (Marchio)
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13
Q

Define the “Company/firm/business/trade name (Ditta)”

A

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.

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14
Q

Transfer of the company name

A

The company name cannot be transferred separately of the business. By: Purchase consented by the seller (ex vivo transfer). Passing to the successor after death. (Mortis causa transfer).

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15
Q

Define the “ Tradename (Insegna)”

A

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

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16
Q

Define the “ Trademark (Marchio)”

A

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.

17
Q

Which are the requirement you need to register a trademark?

A
  1. Original
  2. True
  3. New
  4. Conformity with the law, public policy and morality
  5. Not infringing of exclusive rights of third parties.
18
Q

Definition of Trademark for the Italian law.

A

art 7. D. Lgs 30/2005:
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,((provided that they 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.))

19
Q

Who can register a trademark?

A

art 19. D.Lgs 30/2005:
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.
2. Anyone who has applied in bad faith cannot obtain a trademark registration.

20
Q

What are the functions of the trademarks?

A
  1. Origin
  2. Quality
  3. Publicity
21
Q

Which are the different types of trademark?

A
  1. Manufacturer’s trademark
  2. Trademark
  3. Collective trademark
  4. Certification Trademarks
  5. Initials
  6. Emblem / logo
  7. Domain name
22
Q

Define the type of Trademark, 1. Manufacturer’s Trademark

A

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

23
Q

Define the type of Trademark, 2. Trademark (Marchio di commercio)

A

(Marchio di commercio) has 2 meanings.

a) references the entrepreneur who distributes the product that is manufactured by others.

b) can be broader, encompassing not only the manufacturer’s trademark but ALSO the commercial or trade-related aspects of branding.

24
Q

Define the type of Trademark, 3. Collective Trademark

A

Marks that distinguish products belonging to homogeneous GROUP OF COMPANIES, represented by a trade association or consortium.
(By specific origin, nature or quality).

Is used by the members of an organization or group to indicate a collective affiliation or origin of good or services. ( 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.

25
Q

Define the type of Trademark, 4 .Certification Trademarks

A

Marchi di garanzia. Guarantee the origin, nature or quality of certain products. Whose purpose is to certify certain characteristics. It CAN’T be combined with designationof origin.

Example: Lactose free, recycled cotton…

26
Q

Define the type of Trademark, 5. Initials

A

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…

27
Q

Define the type of Trademark, 6. Emblem / logo

A

A symbol or representation. It may be registered as a trademark.

28
Q

Define the type of Trademark, 7. Domain name

A

Distinctive sign identifying a website.
You must own the domain to register it as a trademark.

Start Up and Industrial Law (3 decks)

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