IP violations

Question 1

Acts that underline the illegal use of IP-protected content

Answer 1

IP Violations

Question 2

IP Violations types:

Answer 2

Infringment (patents)
Counterfeit (TM or designs)
Plagiarism (Copyrights)
Piracy (Digital copyright)

Question 3

Violations are illegal even if they occurred involuntarily, in good faith

Answer 3

True

Question 4

Making use of a patented product or process without
the consent of the patent owner

Answer 4

Patent infringement

Question 5

Patent infringement legal status (3)

Answer 5

Determined by the national courts or by the Unified
Patent Court.

One country may differ from other countries

Patent proprietors can claim damages and other remedies from alleged infringers

Question 6

The dimished value of a brand caused by its excessive, wrong or unsuccessful use in product extensions

Answer 6

Brand dilution

Question 7

Who is damaged when counterfeiting:

Answer 7

1. Owners (or licensees) of IPs 2. The socio-economic system 3. The consumers of IP-secured products

Question 8

• Diminished sales
• Lower prices (or high price elasticity)
• Faster obsolescence
• Loss of control on product quality and distribution
• (Trademarks: dilution and vulgarization=loss of distinctiveness)

Answer 8

1. Owners (or licensees) of IPs

Question 9

• In the long-run: fewer investments in innovative/creative products
• More money and power to criminals/illegal trade circuits
• No taxes paid

Answer 9

2. The socio-economic system

Question 10

• Poor quality products (e.g., drugs, foods, toys, batteries.. ) can create health issues
• Economic damage 2 models

Answer 10

3. The consumers of IP-secured products

Question 11

Counterfeit goods that are sold/marketed
pretending they are original goods.

Damage:
* Deception
* Full price
* No quality guarantee

Answer 11

Consumer Economic Damage: Primary market model

Question 12

Counterfeit goods that are traded as such

Damage for consumers not clear, they gain.

Damage for the IP owner moderate:
Limited dilution
Lower sales (they would not buy it anyway)
Unpaid advertise!!!

Answer 12

Consumer Economic Damage: Secondary market model

Question 13

What is that you need to budget when thinking about patenting

Answer 13

Litigations

Question 14

Ways to adress litigations

Answer 14

1. Own layers
2. Third party arbitration
3. WIPO / UPC arbitration
4. Single lawsuit national court (home jurisdiction)
5. Multiple lawsuits in international courts (foreign jurisdiction)

Question 15

PAEs

Answer 15

Patent Assertion Entities

Question 16

Patent Assertion Entities

Answer 16

that acquire patents from third parties and seek to generate revenue by asserting them against alleged infringers.
They are also called
patent trolls (or ‘patent sharks’).

Question 17

Describe the situation of health care and patents in developing countries

Answer 17

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