Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Biotechnology in Practice > L4 IP Protection > Flashcards

L4 IP Protection Flashcards

1
Q

Types of IP

A

See onenote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

IP Rights

A
  1. legally protects product of creative intellectual effort
  2. are property rights that can be owned
  3. provides competitive advantage by securing monopoly to IP
  4. provides mechanism for buying, selling, licensing, commercialising IP
  5. encourages investment in creativity
  6. helps promote collaborations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Patents - what are they?

A
  1. monopoly granted by government in exchange for disclosure of new invention
  2. inventor gains exclusivity for up to 20 years
  3. public gains knowledge of invention
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why patent?

A
  1. protects an invention and how it works
  2. allows you to stake claim over intellectual territory
  3. prevents others from copying invention without authorisation
  4. enables ideas to be traded commercially
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Patents are territorial

A
  • You need to get them by a country-by-country basis
  • There is no world wide patent
  • Unimelb has patents in a lot of different countries
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Recaldent Example

A

see onenote

Uni has licensed recaldent to commercial partners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Top 5 technology fields patented in Australia

A
  1. pharmaceuticals
  2. medical devices
  3. polymers and applied chemistry
  4. computing
  5. electronics and communications
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Patent families

A

A single invention may give rise to many patent documents around the world

  1. provisional patent applications
  2. international (PCT) patent applications
  3. national applications
  4. granted patents

Aus government signs international treaties with other countries
Under PCT
- we can file a single patent application in Australia and then use the same application in other countries all around the world
- a single patent may give rise to many patent documents around the world

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Patenting process

A

see onenote diagram

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Equity Stake

A

An equity stake is the percentage of a business owned by the holder of some number of shares of stock in that company. The most usual way to build up an equity stake is through the purchase of equity shares, although smaller companies may simply create such a stake for an investor through a contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Patent stages

A

see onenote

  1. provisional
  2. PCT application
  3. publication
  4. national application
  5. national publication
  6. national grant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Patents - what makes it eligible to be patented?

A
  1. novel
  2. inventive
  3. useful
  4. reproducible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Patent searching - database

A

see onenote

How do you find out that someone hasn’t invented something similar to you => patent searching database

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Beware of your own disclosures

A

See onenote diagram

Disclosures you make before a patent application is filed can render your patent invalid

  1. file patent application first
  2. THEN publish
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Are these “publicly available”?

A

see onenote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Trump Bottle Opener Example

A

See onenote

17
Q

Enforcing IP Rights

A
  1. IP rights can be enforced by you
  2. IP rights can be enforced against you (Freedom to Operate)
  3. Rights can only be enforced after patent grant
    - whilst patent is being processed, you have impending rights
18
Q

Can I be sued for doing research?

A

see onenote

The use of patented “research tools” is not exempt from infringement

19
Q

Copyright

A

Protects the “material form” of information

  • collection of rights given to the author or other owner of creative works
  • protects original expression of ideas, not the ideas themselves
    3. protects against copying - does not protect against independent creation or similar expressions
20
Q

Works protected by copyright

A
  1. literary works
  2. dramatic works
  3. musical works
  4. artistic works
  5. other subject matter e.g. broadcasts
21
Q

Copyright Protection

- to be protected, a work must be…

A

To be protected a work must be:

  1. original
  2. in material form
22
Q

Copyright duration

A

Lasts for life of author plus 70 years

Automatic protection upon creation of the work

23
Q

Copyright Notice

A

Can alert others of rights

24
Q

Copyright in Physical property

A

See onenote

Copyright is separate from physical ownership

E.g. the author retain copyright over the text in the book, the owner of a book does not own the right to copy the book

25
Q

Authorship and ownership

A

The author of copyright is the person who reduced the work to material form

Normally, the author of a work is the owner of any copyright, subject to any agreements

26
Q

Copyright Exclusive Rights

A

For literary, dramatic or musical work, exclusive rights include:

  1. reproduction of the work in material form
  2. publishing the work
  3. making an adaptation
  4. performing the work in public
  5. communicating the work to the public
27
Q

Copyright Infringement

A

Copyright infringement occurs by:
1. person who is not the copyright owner carrying out an act within the exclusive rights of the copyright owner without the owner’s permission

Infringing work must be a copy
- the whole or a substantial part of the work is reproduced

28
Q

Substantial Part

A

See onenote

Acts done in relation to a substantial part of a work are deemed to be done in relation to the whole of the work

29
Q

IPC global vs Pavetest Example

A

See onenote

30
Q

Fair dealing exemptions

A

Exemptions from copyright infringement are available for:

  1. research or study
  2. criticism or review
  3. parody or satire
  4. reporting the news
31
Q

Regulatory Framework

A

See onenote

UoM governs its operations through a hierarchy of instruments referred to as the Regulatory Framework

32
Q

Ownership of IP at UoM

A

Staff
- uni owns IP created by staff in the course of employment with the uni, except copyright in scholarly works

Students
- uni owns IP created by student, honorary appointee or visiting personnel a) whilst engaged in an activity which is the subject of a specified agreement or b) if that intellectual property constitutes teaching material

33
Q

“Specified agreement”

A

Specified agreements means an agreement or deed between the uni and any party which relates to the ownership or use of IP that may arise out of an activity, including research, which is identified in the agreement/deed

34
Q

Rewards for Creators

A

Uni’s view is that creators of valuable IP should be eligible for reward

Allocation of returns:

  • uni = 20%
  • faculty = 40%
  • creators = 40%

Biotechnology in Practice (25 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions