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Law > Module 3: IP law > Flashcards

Module 3: IP law Flashcards

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1
Q

How does IP law fix the problem of its non-rivalrous and non-exclusionary nature?

Also explain these terms

A
  1. Non-rivalrous: can be used by multiple people at the same time (unlimited supply)
  2. Non-exlusionary: anyone can use it without permission

IP law changes the nature using rules that make IP a good that can be sold. Good for the economy.

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2
Q

What are the requirements for a trademark?

A
  1. A sign
  2. Capable of being represented graphically
  3. Needs to be distinctive (recognisable)
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3
Q

What are the requirements for trade secrecy?

A
  1. Not generally known
  2. Commercial value because it’s a secret
  3. Steps taken to keep it a secret (NDA, encryption)
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4
Q

When is trade secrecy the preferred choice?

Compared to a patent

A

If secrecy barrier is difficult to take or infringement is difficult to detect.
Cheaper than a patent

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5
Q

What is a big drawback to trade secrecy?

A

Less innovation

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6
Q

What things aren’t patentable?

A
  1. Inventions contrary to morality
  2. Something that happens naturally
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7
Q

What are the requirements to get a patent?

A
  1. Has to be an invention
  2. Novelty (shouldn’t be obvious to a “Person Skilled In The Arts”)
  3. Industrial application (real world utility)
  4. First come first served

Only applies to a certain jurisdiction!!

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8
Q

What is protected under copyright?

A

Literary and artistic works (from Berne Convention)

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9
Q

What was learned from the Infopaq case?

A

Even small copied pieces can infringe on copyright if they are used for commercial gain.

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10
Q

What groups of rights are exclusive to the copyright holder?

A
  1. Exploitation rights: The right to gain financially from the copyrighted work
  2. Moral rights: The right to protect a creator’s personal work (eg the right to get credited, or to decide where something is shown)
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11
Q

What is the InfoSoc Directive?

A

This directive allows copyright holders control over reproduction of their works. Copying their works is not allowed without authorization from copyright holder.
It contains the exclusive rights: Exploitation and Moral.
It also prohibits reproduction (copying) and communication to a new public.

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12
Q

What is an exception to the InfoSoc Directive?

A

Copying for private use is allowed. Only if original copy was legally obtained, so no illegal downloading!

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13
Q

What are requirements to consider “Communication to the public”?

In regards to hyperlinking

A

An act of communication to a new public.
- Is there financial gain?
- Should the hyperlink provider have known it was illegal?

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14
Q

What are important exceptions regarding copyright?

A
  1. Museums, archives
  2. Personal use
  3. Teaching, prisons, hospitals, scientific
  4. Parody
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15
Q

What is the “First sale” doctrine of the EU regarding software?

A

Once the copyright holder sells a copy of their software in the EU, their exclusive right is exhausted. Subsequent sales of that copy do not need the copyright holders permission.

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16
Q

What are important exceptions regarding software copyright?

A
  1. Reproduction (copying) is allowed if it is needed for reasonable use of the program.
  2. It is allowed to observe, test and study the program.
17
Q

When do databases fall under copyright?

A
  1. Database must be original. (Art 3)
    OR
  2. Database must have substantial investment. (sui generis) (Art 7)
    The software used for database creation isn’t copyrighted under these rules!
18
Q

What falls under “substential investment” regarding database creation?

A
  1. High data quality
  2. High quantity
  3. Time spent obtaining
  4. Time spent verifying
  5. Time spent presenting

The creation/ generation of data doesn’t fall under sui generis!!
This to prevent monopolies on the data itself.

19
Q

What are exclusive rights for databases?

A
  1. Extraction: prevent the extraction, whether permanent or temporary, of the whole or a substantial part of their database.
  2. Re-utilisation: involves making the contents of the database available to the public by distributing copies, renting, transmitting online, or using other forms of transmission.
20
Q

What are lawful users of databases allowed to do?

A

May extract and/or re-utilize insubstantial parts of the contents
Needs to respect the database maker’s rights! (eg: no milking the database)

21
Q

What is covered under the Software Directive?

A

Reproduction, alterations and distribution to the public are prohibited. Right of distribution is exhausted after first EU sale

22
Q

What is a requirement of copyright?

A

Work needs to have space for creative choices (eg opinion)

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