International Trade Flashcards
What are the 4 types of international trade channels
trade in goods, services, knowledge and technology transfer, foreign direct investment
What did Paris convention provide for
national treatment, right of priority, common rules for contracting states
What does berne convention introduce for copyright
national treatment, minimum rights, protection upon creation, moral rights
What was WIPO established for
to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all
What TRIPS covers
- general provisions and principles, 2. minimum standards of protection for IP rights, 3. enforcement, 4. dispute resolution, 5. special transitional agreements for implementation
What does national treatment mean
that each member shall accord the same treatment to nationals of other Members as it accords its own with regard to protection of IP
What is a most favored nation
Can’t have a favored nation. If a Member provides something to one of the members, it must give the same to all other members.
Public health on the TRIPS
each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted in a national emergency or public health crisis.
TRIPS TM term of protection
no less than 7 years
What agreements provide protection and registration for Designs
the Paris Convention and Hauge Agreement
Priority for designs
6 months
Does the Paris Convention provide for a definition of design
no
EU term of protection for designs
initial 5 years + up to 4 renewals for a total of 25 years
TRIPS trademark requirement of use
abandoned after 3 years for lack of use
EU TM requirement of use
abandoned after 5 years for lack of use
unregistered design term of protection
3 years - exclusively for fashion
TRIPS Design term for protection
10 years
What is a design
an ornamental appearance of the whole or a part of a product resulting from the features of, lines, contours, colors, shapes, texture and/or materials of the product itself.
What do design rights not protect
thoughts, dreams, ideas, design concepts, smells, sounds, tastes, functions, natural products
what is a product under EUIPO design guidelines
any industrial or handicraft item, including parts intended to be assembled into a complex product, packaging, get-up, graphic symbol and typographic typefaces, but excludes computer programs
requirements for design protection
must be novel and have individual character
what is novelty in design law
no identical design has been made available to the public before the date of filing or first made available to the public
What is individual character
overall impression it produces on the informed user differs from the overal impression produced on such a user by any design which has been made available to the public
what is the standard for assessing design infringement/ novelty
the informed user
