L11 - Intellectual Property Law: General Information

Question 1

Basic understanding of different types of IP

Answer 1

• Refers to creations of human mind
• Property doesn’t exist except when provided by law in a given territory
• What is IP?
o economic rights given to an owner to recover costs spent for its creation
o moral rights given to an owner to preserve their creativity in having made something to begin with
o negative rights – exclude others from doing something
o Limited rights – can’t be IP b/c against public policy (i.e. trademarking “#1”)
• Types of IP
o Copyright – exclude others from reproducing work
o Patent – exclude others from making, using, or selling the invention
o Trademark – prevent others from using the mark to identify/distinguish goods and services

Question 2

Clarifying confusion over patents/copyright

Answer 2

• Patents – for inventions/processes that are new, involve an inventive step, and can be applied industrially
o Right to use an invention to manufacture industrial projects and put into circulation for the first time
o Right to oppose infringements (if you can identify them)
o Can grant licenses to 3rd parties
o Trade off – you must release all info about the process/invention
o Must use the patent – produce the product or use the process otherwise govt could force 3rd party licenses for use
• Copyright – artistic creations
o Right to reproduce, disseminate, and represent work which springs from personality of author (moral right of work)
o Protects culture and creativity, not innovation, and doesn’t have to have a function
• Trademark – any signs capable of being represented graphically provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings
o Must be distinctive
o Right to exclusive use of the TM
o Puts products protected by trade mark into circulation for first time
o Protect TM owner against competitors wishing to take advantage of status/rep of TM by selling products illegally bearing that TM
o Must use TM to maintain it (unjustified non-use may result in cancellation)
o Must register in all countries in which you want to operate

Question 3

Role of IP in space in form of discussion

Answer 3

• Territoriality? Does it exist in space?
• Signals actually sent from space are “nothing” but they create an image on the ground → are copyrightable
o Research funding contracts determine ownership post development
• Collaboration on space projects and contribution of own IP (or several peoples own IP) into joint project?
• Space objects, agency/corporate logos, sub-systems, patents, plans/documentation