LAW 377 Flashcards
what is a trademark?
to distinguish the products/services of one company from another and answer the question of ‘who made this’?
Principle of territoriality - wherever the trademark is registered, it’s protected in that area.
Ex. if Nike isn’t registered in Turkey, then you can make the other ripoff logos. You can search these registered brands.
What can(t) you trademark?
you know this
Process of Trademark?
you know this
why would it get denied? grounds for refusal
Copyright?
what it is?
register?
what it is not?
exceptions?
Difference between copyright, patent, and trademark?
A copyright protects original works, such as art, literature, or other created work.
A trademark protects names, short slogans, or logos.
A patent protects new inventions, processes, and compositions of matter (such as medicines)
What is a patent?
Article 82(1) a patent should be granted to the inventions in all fields of technology providing that the invention is new. Involves an inventive step and is…
a novelty:
- The quality of being new. Original or is unusual.
Inventive step:
- The inventive step is used to find out if the patent is in fact for a new item or just an obvious improvement on an existing item
- The applicant must prove that the improvement isn’t obvious to people within the industry (person skilled in the art) and that there are actually improvements that come up with patenting the idea
Procedure of evaluating an inventive step?
- determining the claimed invention
- determining the closest previous art
- Identification of the differences between the claimed intervention and the closest prior art
→ 3.1 identical to the claimed invention lacks novelty
→ 4. Different: considering whether or not the claimed invention would have been obvious to the skilled persons → 4.1 obvious: the claimed invention lacks an inventive step. → 4.4 not obvious: the claimed invention involves an inventive step
What is an invention but isn’t patentable?
inventions the commercial exploitation of which would be
contrary to “ordre public” or morality;
- plant/animal varieties or the biological process for production of them (except for microbiological processes/products.)
Methods of treatment for animals/humans (except for the tools used in said procedures).
cloning humans - anything with embryo’s
Animal breeds aren’t patentable - (except for the mouse?? - debate).
but, yeast, bacteria, viruses are patentable while the technique used to make them are not.
How is software created?
Written in human-readable format (source code) and converted to machine-readable format (object code)
- Object code - the machine readable. Only the machine can read it.
- Source code - human readable
- (secret third) - Algorithm
- The methods for problem solving (calculation/manipulation) via coding is defined as algorithm
- Generally only object code is available for purchase
-When you buy software, you can’t change the source code, what you have is what you have, but you can also rewrite source codes to manipulate the software into doing what you need
Types of Software?
- Operating system
- Software which manages the hardware
- Like for Apple, it is IOS
- All devices have an operating system - Application Software → meant to accomplish goals Two types
a. Productivity software - helps employees complete their jobs (like Microsoft)
b. Utility software - Allows you to fix or modify your computer such as antivirus software (VPNs, Adblocker).
** 3. Open Source Software (OSS) **
I- t provides the source code, you can distribute it, manipulate it etc.
- Software is available for free
- The source code can also be reviewed prior to installing
- Facilitates public trust
- Biggest advantage - you’re not dependent on the company to keep it going
there are still limits to it.
You can use open source to manipulate the sounds of the horn that Tesla uses, but you can’t make it not read the lines.
- Proprietary Software
software that is privately owned, controlled, and distributed under specific licensing terms that restrict users’ rights to modify, distribute, or access its underlying source code
restrictions to using it; Restrictions are either legal or technical
- Technical: don’t allocate the source code
- Legal: protecting the rights of the code
The company that created the software provides the tech support for it
- Bugs
Thousands of workers to maintain it.
Protection of Software?
Copyright or Patent?
different in different place
Patent Protection (Japan/US/Turkey):
Limited applicability in the US and Japan, only granted to software-related inventions with “concrete, useful, and tangible” results (e.g., embedded software like Face ID).
EU has stricter rules with fewer software patents.
Patents grant a monopoly on inventive ideas, preventing others from using the same invention, even if developed independently.
Can negatively impact small businesses (SMEs) and open-source developers by limiting access.
Copyright Protection:
Protects the original expression (e.g., source code) but not the underlying idea.
Provides more flexibility and fosters innovation, as it allows others to build upon
ideas without violating IP rights.
Impact on Innovation:
Patents are seen as essential to protect investments but may hinder innovation by limiting access.
Copyright is more affordable but may limit the protection needed for significant technological advancements.
Turkey:
Turkey uses copyright protection for software, with patents generally not applicable to software inventions.
How do you get a copyright in Turkey?
- Starts with the creation of the work (software, movie, literature, etc).
- In Turkey you can apply for a certified copyright - this is voluntary, completely not necessary, it’s like emailing a copy of something to yourself.
- Helps in disputes, but that’s it.
Needs:
a. originality.
Originality - the idea may not be original, but the expression is (i.e. the love story).
b. Reflects characteristics and originality of the author
- Analyzing the previous work of the author
c. Capable of being classified as works listed in the law
Management of Rights for Intellectual Property and Technology Transfer - from lecture
Management of rights
1. Ownership
a. Agreement management
- This involves creating, reviewing, and maintaining agreements related to intellectual property (IP).
b. background /foreground IP management
- Background IP refers to pre-existing knowledge, patents, or technologies that are used in a project.
- Foreground IP: is the new IP that is generated during the course of a project. Managing these is essential to prevent disputes over who owns which part of the IP and to define how new innovations will be shared or protected.
- Protection
- Disclosure management
This deals with the strategic timing and method of revealing IP or innovations. Proper disclosure is crucial to ensure that inventions are protected before being made public (e.g., through patents or trademarks) to prevent loss of ownership rights.
- Applications management
- This refers to handling the legal and administrative processes of filing for IP protections, such as patent applications, copyrights, or trademarks, ensuring that all documentation is accurate and submitted properly to secure protection for the IP.
- Exploitation
- Portfolio management
Managing a portfolio of IP assets, such as patents or trademarks, involves assessing their value, deciding which to maintain or license, and ensuring that the assets are aligned with the organization’s strategy.
- Technology transfer management
moving technology from one entity (such as a university or research lab) to another (like a business) - Self use of rights
an entity using its own IP internally, - Spin-off management
new company is created based on IP or technology developed within an existing organization i.e. University - Kind of exploitation method of ideas
determining how best to capitalize on innovations, such as licensing the IP, creating joint ventures, selling the technology, or using it internally to create new products.
Software: intellectual property law or industrial property law?
Criteria for Copyright Protection:
- Voluntary Registration: A client can ask a lawyer about copyright registration, though it is not mandatory. Registration can help in legal disputes by serving as evidence of ownership.
- Originality: The work must be original, which refers to the expression of an idea, not the idea itself. There is no fixed definition of originality.
- Personality: The work should reflect the creator’s personality, though this is not strictly defined. It can be assessed based on the creator’s previous works.
- Category of Work: The work must fall under a recognized category in Turkish copyright law.
Rights Granted by Copyright:
- Financial Rights: The author has exclusive control over the reproduction, modification, and distribution of the work. They can earn financial compensation for these uses.
- Moral Rights: The creator has rights to:
Disclose the work to the public.
Ensure attribution (author’s name linked to the work).
Prevent unauthorized modification that would distort the work’s integrity.
Software and Copyright:
- Copyright criteria (e.g., originality) are traditionally designed for artistic works, but software is also protected under copyright law.
Patents are generally not applicable for software unless the software is tied to hardware that is concrete, useful, and tangible (e.g., Apple’s Face ID or Touch ID). - Software is protected by copyright because, while it may not meet all the same criteria as artistic works, copyright law:
Is applied automatically upon creation. - Does not impose high costs, making it accessible to small businesses.
Encourages innovation, even though the laws may be somewhat outdated.
Contract Types for Software Agreements
- Software development agreement
- Software license agreement
Purpose:
The SLA is about the use of existing software, while the SDA is about the development of new, custom software.
Ownership:
In an SLA, the software creator retains ownership and licenses it to users.
In an SDA, the IP is often transferred to the customer once development is complete.
Scope of Work:
An SLA focuses on licensing terms (who can use the software, where, and how).
An SDA focuses on the creation and development process (what software is being made, how, and by when).
SLA: mass-produced software (like commercial off-the-shelf software
SDA: Custom software
