Intellectual Property #1 Flashcards
What is a patent
Patent as a right
Exclusive temporary right, 20 years after patent application
right for exclusion of the right of free commerce
right to exclude production, selling ur using your inventions
granted in one or multiple countries (principle of territoriality)
in return for disclosure of invention, deal with the government ‘‘quid pro quo’’ or ‘‘patent bargain’’
v.s. trade secret
Patent as a document
physical documents which describes the invention is such a way that the person skilled in the art can understand it
source of technical knowledge and information
describe and another term for patent bargain
Patent Bargain
For invention, you can gain a patent. (discuss conditions of validity). A patent is a 1) a right to exclude other people from producing, selling or using your inventions in one or multiple countries (principle of territoriality). and 2) it is a phsyical domcument which describes the invention in such a way that the person skilled in the art can understand it and once the patent has expired, also apply this knowledge to further technological process. So you gain exclusivity in return for disclosure. deal between the company and government). Private interest v.s. public interest has to be balanced to stimulate technological innovation.
things to keep in mind when answering questions in relation to infringement
1) is there an IP right that someone can enforce? are conditions of validity fulfilled?
2) who is the person that can enforce the right?
3) is there an infringement?
Typology IPR
Copyright - original literary and artistic works - arises automatically
patent - technological innovations - registration
trademark - distinctive signs - registration
design - product design - registration
What is IPR
- Exception to freedom of commerce
- Intellectual property rights (IPRs) are
- exclusive rights to exclude
- granted by law
- granting temporary protection (monopoly)
- as to a creation = immaterial good
(≠ material good that incorporates the creation, e.g. painting)
* “intangible assets”
* property right to a creation of the (human) mind
* requirement of form – no protection of mere ideas - valid in a certain territory
Why IPR
Practical reasons
* object is intangible – “fysical” protection is impossible
* once the object has been made public, control is no longer possible
(especially online)
* Policy reasons
* focus on cultural and social progress – stimulating creativity
* focus on technological progress – stimulating innovation
* balance between public and private interests
* e.g. patent: “patent bargain”:
exclusive right in return for disclosure
Paris Convention (1883) what does it apply to
patentable inventions, utility models, industrial designs, and trademarks
- Berne Convention (1886) what does it apply to
copyright
European Patent Convention (1973, 2000)
international treaty (verdrag) that governs the granting of European patents
TRIPs Agreement (1994)
Trade-Related Aspects of Intellectual Property Rights, is an international treaty that was established in 1994 by World Trade Organization (WTO). It sets out minimum standards for the protection of various forms of intellectual property (IP) rights, including patents, trademarks, copyrights, industrial designs, and trade secrets.
BCIP
Benelux Convention on Intellectual
Property
What types of IP does BCIP apply to
Trademarks + designs
BCIP - enforcement is regulated at
national level
to enforce your right
to make sure that people do what is required by (a law, rule, etc.) So if you want to stop someone from enfringing you enforce your right
is a directive binding
yes (but the rules have to be implemented in national law so there is room for interpretation)
