Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ENEL301 - Professional Practice > Intellectual Property > Flashcards

Intellectual Property Flashcards

1
Q

What is Intellectual Property?

A
  • Think -> Branding
  • Create -> Write or draw
  • Design
  • Identify and meet a need
  • Dream -> New invention
  • Develop -> Improve
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is your Intellectual Property?

A

Internal processes
•Customer lists and contact details
•Licensed rights

  • Trade marks
  • Corporate branding
  • Copyright

• Formal IP assets: patents, designs, registered trade marks, plant variety rights, geographical indications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Why is IP important?

A
  • Competitive advantage
  • Better products
  • More popular branding
  • Cheaper production methods
  • Trendier looking styling
  • > 80% of the value of your business may be its intellectual property
  • Engineers are paid predominantly to produce IP
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why is IP Strategy is important

A
  • Leverage IP to earn money
  • Block competitors
  • Avoid legal infringement risk
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who can help me with my IP?

A
  • IPONZ
  • Patent Attorneys
  • Lawyers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who is IPONZ and what to they do?

A
  • Government agency
  • Impartial administrators of relevant legislation
  • Register particular IP rights after examination
  • Provide general information regarding IP –not advice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What do IPONZ examine, grant and register intellectual property rights under?

A

the Patents Act 2013

the Trade Marks Act 2002

the Designs Act 1953

The Geographical Indications (Wines & Spirits) Registration Act 2006

the Plant Variety Rights Act 1987

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who are Patent Attorneys?

A

Registered Trans Tasman Patent Attorneys
•Specialist qualification
•Technical engineering or scientific expertise
•Competence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who are Lawyers and what do they do?

A

• General commercial advice
• Legal agreements
- Employment
- Confidentiality
- Joint ventures
- Licences and franchising
• Disputes and Enforcement
- Assist you in resolving disputes relating to IP ownership or infringement
- Represent you in legal action before the courts
• Some specialist IP lawyers also assist with protection of trademarks and designs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are Some Types of Intellectual Property?

⭐ ⭐ ⭐

A
  • Trade secrets / confidential information
  • Patents –protect new products and processes
  • Copyright –everything you draw or write
  • Designs –eye appeal of product
  • Trade Marks –brand protection
  • Plant Varieties
  • Circuit Layout Designs
  • Geographical Indications
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a patent?

⭐ ⭐ ⭐

A
  • An exclusive right, granted by the government, to stop others from making, using or selling an invention for up to 20 years.
  • Given to the patentee in exchange for disclosing the invention.
  • A valuable asset that can be brought, sold, licensed or transferred like any other property.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the bargain with patents?

⭐ ⭐ ⭐

A

Full disclosure of the new invention in exchange for 20 year monopoly right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the Exclusive Rights of patents?

⭐ ⭐ ⭐

A 
A patent allows you to stop anyone else from:  
• Manufacturing
• Selling
• Using
• Importing
• Marketing
• Licensing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why are patents attractive to investors?

A
  • Demonstrates serious technical confidence
  • 20 year monopoly right
  • Ability to license to existing companies overseas
  • Marketing tool: “our patented system”
  • Inventor recognition ‐CV and LinkedIn profile
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What do patents protect?

A

How things work –function, not form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What can a patent can be granted for?

⭐⭐⭐

A
  • A new product
  • A new process of manufacturing
  • An improvement to an existing product or process
  • Improvements in computer technology (but not software)
  • A new chemical compound
  • Electrical devices and circuits
  • A new method or process relating to the testing or control of an existing manufactured process

• NB –there are exceptions to patentable subject matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Discuss patents involving computer programs as inventions

A

• A computer program is not an invention
• To the extent that it relates to a computer program as such.
• Meaning the actual contribution made by the alleged invention lies solely in it being a computer program
- a new and improved way of operating a washing machine that gets clothes cleaner and uses less electricity is an invention
• Taking into account:
- the substance of the claim and the actual contribution it makes:
- what problem or other issue is to be solved or addressed:
- how the relevant product or process solves or addresses the problem or other issue:
- the advantages or benefits of solving or addressing the problem or other issue in that manner:
- any other matters the Commissioner or the court thinks relevant.

18
Q

Briefly outline the Māori Advisory Committee and their purpose

A
  • Knowledge of mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture)
  • To advise on whether:
  • an invention claimed in a patent application is derived from Māori traditional knowledge or from indigenous plants or animals; and
  • if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values.
19
Q

What are the Main legal requirements around patents?

⭐⭐⭐⭐⭐⭐

A
  • Novel –never been done or written about before
  • Inventive –not merely obvious in light of what has been done before
  • Useful –specific, credible, and substantial utility
20
Q

Patents –Number One Rule?

⭐⭐⭐

A

“Keep it secret; keep it safe”

• A Patent Application must be filed before:

  • Any non‐confidential disclosure
  • Sales (or offers for sale)
  • Commercial use

• “Grace period” introduced by CPTPP from 31 December 2018
- NOT recognised in most other jurisdictions

21
Q

Explain advice around Keeping the Secret

A

• Misuse of confidential information

  • Information of a confidential quality
  • Obligation of confidence
  • Unauthoriseduse

• Written agreement best evidence

  • “NDA” / “Confidentiality Agreement” / “Secrecy Agreement”
  • Also brings in breach of contract

• But beware “NDA” contracts that sometimes include clauses relating to ownership

22
Q

When you need a licence?

⭐⭐⭐

A
  • Any time you use someone else’s IP
  • Do not assume they have given permission
  • Being on the internet does NOT mean you are allowed to use or copy their IP
  • Use of stock images
  • Check what you are and are not allowed to do under a particular licence (e.g. no commercial use)
23
Q

Access IP as Licensee?

A
  • Avoid infringement of Licensor’s IP (e.g. patent)
  • Permission to use IP
  • May require payment of a royalty
  • Negotiate access to support and improvements
  • May be bundled with other supply agreements
  • Enforcement against third parties
  • Exclusive or non‐exclusive market access
  • Must be able to be terminated after patent expires
24
Q

Commercialise IP as Licensor?

A
  • Access to markets via existing licensee
  • Revenue stream
  • Expansion and scale
  • Cross‐licensing and collaboration
25
Q

What does a copy right protect?

⭐⭐⭐

A

Form of Expression

  • Does not protect underlying idea
  • Protects a particular expression of the idea
  • Must be embodied in specific copyright works
26
Q

Copyright Works examples?

A
  • Artistic works –includes paintings, drawings, diagrams, maps, plans, engravings, photographs, sculptures, buildings, other works of artistic craftsmanship
  • Dramatic works –includes dance, mime, film scripts
  • Literary works –anything written, including tables and computer programs
  • Musical works
  • Sound recordings
  • Films
27
Q

Outline Copyright protection

⭐⭐⭐

A 
•Ownership agreements must be in writing
•Free and automatic
•Relies on internal record keeping
•Marking is a good idea:
© 2021 ABC Limited
28
Q

Outline about Record keeping is paramount

A

•Proving infringement first requires evidence of:•When created

  • Where created
  • Who created
  • Who owns it

•Defending infringement may be assisted by
- Evidence of independent design process

29
Q

Outline New Zealand’s Industrial Copyright

⭐⭐⭐

A 
•“Artistic work” includes any drawing or sculpture (prototype)
•No artistic merit required
•Examples:  sheep dip jetters, asparagus graders and denim jeans
•16 years from “commercial use”
•Requires good record keeping
- Copies of every version of the design
- Date
- Author
•Cannot rely on this overseas
30
Q

What are Common Issues of copyright?

A
  • Ownership of copyright
  • Online ≠ free to use
  • Different standards of “fair dealing” internationally
  • No “percentage rule”
31
Q

What is the no percentage rule?

A 
•There is no “safe amount” you can change a work
- Objective similarity
- Substantial part 
• But must be a “causal connection”
- Independent creation does not infringe
32
Q

What is a design in NZ?

A

the new or original features of shape, configuration, pattern or ornament applied to an article by any industrial process or means

33
Q

What does a design protect?

⭐⭐⭐

A

Protect eye appeal –not function
• Novel shape and configuration applied to an object
• Novel pattern and ornamentation applied to any object
• NB major differences in rules for overseas protection

34
Q

What is the scope of a protect of a design?

⭐⭐⭐

A
  • Registered right filed with IPONZ
  • Novelty requirement (like patents)
  • Convention time limit for overseas filing –6 months
  • Up to 15 years protection (subject to renewals)
35
Q

What is a trade mark?

A 
A sign that is capable of distinguishing your goods / services from those of other traders
•Words
•Logos
•Pictures
•Shapes
•Sounds
•Smells
•Colours
•Animations
•Position marks
36
Q

What are some Trade Marks to Avoid?

A
  • Descriptive terms
  • Including Māori words which have a descriptive meaning
  • Common names
  • Place names
  • Jargon
  • Offensive words or symbols
37
Q

What must you do when Developing a New Brand?

A

•Early clearance checks

  • What comes up on Google?
  • Trade Mark Check –www.iponz.govt.nz
  • Professional search and opinion

•Ensure copyright ownership
- Contracts with designers and employees

•Consistent use
- Develop BRAND™ guidelines

•Registration
- Nationwide rights, easier to enforce

38
Q

Trade Mark Strategy?

A

•Identify trade marks –words, logos, icons, etc
- You can always use ™ symbol

•Risk analysis –is there a need to stop competitors copying?
- Registered trade marks are easier and cheaper to enforce, but have an up‐front cost

  • Exporters / overseas manufacturers should always register
  • Overseas translations and/or transliterations
39
Q

What is the Māori Advisory Committee’s involvement in trade marks?

A

•Knowledge of teaoMāori (Māori worldview) and tikangaMāori (Māori protocol and culture)

•To advise on whether:
- the proposed use or registration of a trade mark that is, or appears to be, derivative of a Māori sign, including text and imagery, is, or is likely to be, offensive to Māori.

  • Any mark that looks like it may include a Māori element will be reviewed by MAC
  • May seek information regarding development and consultation process
40
Q

Related Rights to Secure trade mark?

A

•Domain Names
- Which TLDs? .co.nz , .com, .kiwi etc
- Likely typos?
•Social Media handles
•Company Name
•Does not confer exclusive rights –need trade mark registration
•Secure these early for practical protection
•Trade mark registration trumps all these rights
- Basis for Domain Name Dispute Resolution ‐https://dnc.org.nz/

ENEL301 - Professional Practice (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions