Intellectual property right Flashcards
What is intellectual property?
Intellectual property is intangible creations of the human intellect.
What are IP-rights?
IP-rights are rights protecting such intangible creation of human intellect.
What are some examples of intellectual property?
Examples of intellectual property include trade name, trade mark, trade secrets, copyright, patent rights, model and drawings rights, database rights, breeders rights, semi-conductor rights, domain name rights, related.
What is a trade name?
According to the Dutch Trade Name Law, a trade name is the name under which a company trades.
What are the requirements for a trade name?
A trade name:
- must be unique within the region and line of work
- may not misrepresent
- may not be the same as a trade mark belonging to another company
- may not cause confusion.
They are registered at Chamber of Commerce (KvK)
As long valid as company is active
What are trade marks?
Trade marks are marks to distinguish one good from another.
10 year period, can be renewed indefinitely
it is only valid for certain goods or services
What does a trade mark look like?
A trade mark can be made up of words, pictures, shapes, colours, sounds, or even smells.
What are the criteria for a trade mark to be registered? And when can it be declared invalid?
A trade mark cannot be registered (or may be declared invalid) if
- it lacks distinguishable properties
- it is descriptive
- it is contrary to public policy or to accepted principles of morality
- it may mislead a consumer
It can be declared invalid if:
- it hasnt been used for 5 years
- it has become a product name
- it is a national flag or banner
- it contains a protected geographical region for a certain product
What is copyright?
Copyright is the exclusive right of the maker of a literary, scientific or artistic work or his successors in title to make the work public and reproduce it, subject to the limitations laid down by law. It lapses 70 years after the death of the creator.
protects the expression (upon creation), not the
underlying idea
What types of works can be eligible for copyright?
Many types of works can be eligible for copyright, including books, brochures, newspapers, dramatic and dramatical-musical works, recitations, choreographic works, musical works, drawings, paintings, works of architecture, sculpture, lithographs, engravings, photographic works, film works, works of applied art and industrial designs and models, computer programs, and more.
What is a patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. 20 years protection, but you must apply for patent (in each country) and pay fees!!
What are the criteria for a patent to be granted?
In order for a patent to be granted, the invention must be new, involve an inventive step, be susceptible of industrial application, and the subject matter must also be patentable.
What are some examples of things that are not patentable?
Some examples of things that are not patentable include laws of nature, mathematical models, purely aesthetic designs, methods and rules, and computer programs.
How long is a patent protected for?
In general, if a patent is granted, it is protected for 20 years.
How long is a copyright protected for?
70 years after the death of the creator
