Lecture 1 - introduction

Question 1

what are the 6 main rights which can be identified in intellectual property law

Answer 1

trade marks
copyright
patents
rights in performance
registered designs
design rights

Question 2

what are intellectual property rights

Answer 2

they are rights in intangible property. the rights protect and reward innovation and creations

Question 3

what are trade marks

Answer 3

signs that are attached to products and services to distinguish them from identical goods or services from a different origin

Question 4

what is copyright

Answer 4

a right that protects literary and artistic works such as writings, music, drawings etc, granting exclusive rights to reproduce the work and to communicate it to the public

Question 5

what 2 classes is copyright divided into

Answer 5

authors rights - literary, dramatic, musical and artistic works
neighbouring/related rights - sound recording, broadcasts and performance of copyright works rights

Question 6

what are patents

Answer 6

patents cover technological innovation and grants exclusive rights in the making or use of the patented products/process

Question 7

what 3 criteria need to be met for a grant of inventions

Answer 7

1. needs to be new (novelty)
2. inventive step;
3. Industrial application

Question 8

what are the pros of intellectual property protection

Answer 8

promotes competition
provides consumer choice
improves living standards and increases employment

Question 9

what are the cons of intellectual property protection

Answer 9

dangers of monopolies including - higher price margins , enhanced market power
lack of direct competition
temporary ban on the use of available info
restrictions on the dissemination of knowledge

Question 10

what are the sources of IP law

Answer 10

international convention
eu legislation
european union
uk legislation
case law

Question 11

what is the goal of the world intellectual property organization of the us

Answer 11

to encourage and establish effective protection for intellectual property rights and to work towards an international consensus on the standardisation of national laws

Question 12

what are the 3 treaties under WIPO

Answer 12

protection treaties
global protection systems
classification treaties

Question 13

what is the goal of the world trade organization

Answer 13

to promote free trade between states by overseeing and enforcing the rules of international trade

Question 14

what is the goal of the european patent convention

Answer 14

established a regional intellectual property system and provides for a single application and a european patent