IP law Flashcards
Explain the purpose of copyright protection and its characteristics?
The purpose of copyright is that the owner of the copyright has the legal right to exclude others from copying and/or distributing the original work for a specified period of time. However, it does not prevent others from using the knowledge the original word contains.
To obtain a copyright, no filing/registration is required and the work is protected from the moment of creation. The period of protection is often related to the lifespan of the author along with an additional time period. The violation of copyright is called piracy.
Examples of works that can be protected under copyright law are books, songs and paintings.
Explain the purpose and main features of trademark protection.
The purpose of trademarks is to give owners of specific words and symbols monopoly over their use. This protection can last forever because it can be renewed every time it expires.
The requirement for a trademark is that it needs ot be distinctive enough to identify goods and services in the mind of the consumers.
Difference between trade secret and patent as disclosure of important information?
The difference between a trade secret and a patent regarding the disclosure of information resides that a patent requires full disclosure of the essential parts of the invention, whereas a trade secret is by definition a secret and its value derives from its secrecy.
A patent is a legal right someone applies for and is granted by governments/authorities. It is used to protect new inventions and allows the patent holder to exclude others from making, using or selling the patented subject matter during the term of the patent.
There are four requirements for a patent
1. Utility: It must be useful and have a practical application
2. Novelty: The invention must be new or not already known
3. Non-obvious: It can’t be obvious to someone skilled in the relevant field
4. Full disclosure: The patent must include a complete description of the invention
What is a trade secret?
A trade secret, sometimes referred to as a know-how, is information or knowledge that is used in a business and gives them a competitive advantage over others that don’t have access to that information or knowledge. It is information that is not generally known to the public, gives its holder some type of economic benefits and is subject to efforts to maintain it a secret.
For example: The Coca Cola recipe
