Intellectual Property Flashcards
what do patent cover?
products, compositions, machine, process, or any improvement on any of these
what is a license when talking about patent?
it is when one party allows another party to use or sell the product
what does patent do?
it grants the right of exclusion for a given period
when can you sue for patent breaching?
when and if the patent was made available to the public
are patents national? or multinational?
national
what are the 4 criteria of patents?
patentable subject matter, novelty, usefulness or utility, non-obviousness or inventiveness
what are industrial designs?
visual features of shape, configuration, patterns or ornaments to a finished article
what is industrial designs protection?
protects how something looks, not the function of the product
what are copyrights?
the exclusive rights to produce, reproduce, publish or perform an original work
how long do copyrights last?
They last 50 years after the death of the author.
what are moral rights?
the author will have moral rights (preserving the integrity of the work and intent behind the work.), allows the author to maintain a certain level of power about how their work is used
what do moral rights entrench?
right to be credited, right of integrity and the right of association
can moral rights be transfer?
moral rights cannot be transferred to the new owner of a copyright (moral rights remained to the original author) but they can be waived and once waived cannot be reacquired by the author
what is the scope of protection for copyrights?
you have the protection to exclude others to use your production or work (you cannot sell it) and protection is granted automatically, when the work is done, you have protection.
what is a trademark?
can be a sign or combination of signs used to distinguish the goods or services of one person or organization from those of others
examples are: scent, hologram, scent, texture, colour…
what is the objective of a trademark?
is for one commercial entities to distinguish itself from those of their competitors,
what is the rational behind trademarks?
is to grant the holder a monopoly for their goods and services, to avoid confusion among the competition.
can someone enters the market with the same trademark as an organization?
yes, they can if they are in a completely opposite industry since it won’t confused consumers
what is the best trademark?
a logo that is far from representing the product (because of monopoly)
what is the scope of protection of trademark? and the term
the term is 10 years and it is renewable, but there is a « use it, or lose it » rule
what is the difference between Wordmark and design mark? and which one is the best?
wordmark: is to grant the holder a monopoly for their goods and services, to avoid confusion among the competition.
design mark: distinctive logo with particular graphics and stylized wording
the best is the Wordmark since it offers better protection because even if the design-mark are different, if the trademark are alike, there can be trademark infringement
what is the difference between unregistered trade mark and registered trademark?
for unregistered trademark, your scope of protection is limited (it is not nationwide)
how to prove trademark infringement?
need to establish that the trademark is well-established, known and has a reputation and if there is a likelihood of confusion between the two
how to measure the likelihood of confusion?
strength of the mark proximity of the goods similarity of the marks evidence of actual confusion marketing channels used type of goods and the degree of care likely to be exercised by the purchaser defendant’s intent in selecting the mark likelihood of expansion of the product lines
what are trade secrets?
any valuable information that derives its value from secrecy
how a business make an information a trade secret?
if they obtain value from the secret, if they keep the information a secret, they take all possible measure to ensure that the business information remains a secret
why are trade secrets used?
to ensure an invention is not disclosed to public before it is patent, protect an invention, and as IP information can not be patented, it is a trade secret
what is the scope of protection of trade secret?
The scope of protection on trade secrets includes methods of production, technologies, inventions, processing methods, sales methods, supplier lists, know-how, data, formulae, or other such information.
what are the differences between trade secrets and patents?
patents last 20 years and trade secret forever, patent cost money and trade secret can be free, trade secret are limited to the information that will be kept a secret and patents will be available to the public 18 months after the application is filed
