Module 6: IP and Rights Licensing Flashcards
1
Q
Intellectual Property
A
- Creations resulting from the exercise of the human brain
- Bundle of legal rights protecting such creations
- IP laws recognises that creators have the right to protect their work
- IP laws give legal rights to IP creators, allowing them to control and exploit the use of their IP for a specific period of time
2
Q
Different types of IP
A
- Copyright
- original and related works
- written, drawn, composed
- reduced to or expressed in material form - Patents
- Inventions that present technical solution to a problem - Trademarks
- Signs used in businesses to distinguish business products/ services from competitors - Confidential information
- non-public and valuable information - Others
- registered designs
- plant varieties
- geographical indications
- layout design of an integrated circuit
3
Q
Why protect IP
A
- Provides motivation for creators: as recognition, protection of intellectual output
- encourages constant creation and innovation
- allows creators to exploit their works for commercial gain
- allows creators to defend their works from infringement
4
Q
What is copyright
A
- Copyright is the right to prevent the unauthorised copying of the tangible form in which a person has chosen to express his ideas
- It can be described as a bundle of exclusive rights belonging to the copyright owner: allows owner to enforce their rights against infringement
- Copyright protects the “form” of an idea and not the idea itself
- Artistic merit is not a requirement for copyright to attach to a work
- Symbol act as a notice to let people know
1. who the owner is
2. when protection came into effect
3. ability to find out if the work is still in protection
5
Q
Criteria for protection
A
- Copyright protection arises automatically by operation of law, so long as certain basic criteria are satisfied:
1. falls within the categories of protection
2. fixed in tangible form
3. original: work was created independently by the author
4. Author/creator is a singaporean citizen or PR
6
Q
How does copyright protect
A
- form of expression, and not the idea or information itself
- idea or information is protected by different means
- many different media or forms of expression can be protected
- expression must as a general rule, be original
- no need for registration formalities
- copyright arises “ as soon as the ink dries”
7
Q
Unprotected matter
A
- ideas and concepts
- discoveries
- procedures
- methods
- any subject matter that has not been reduced to a tangible form
- works in the public domain
1. conceptual space where intellectual property has exhausted its protection duration reside
2. Use without the need to ask for permission
3. Not the internet
8
Q
Duration of protection
A
- Literary, dramatic, musical, and artistic works: Life of author plus 70 years from the end of the year in which the author died
- Published editions: 25 years from the end of the year in which the edition was first published
- Sound recordings and films: 70 years from the end of the year of release
- Broadcasts and cable programmes: 50 years from the end of the first broadcast
- Performances: 70 years from the end of the year of the performance
9
Q
Who owns the copyright
A
- person who creates/ authors the work automatically owns it from the moment of creation
- except:
1. employment: if the work is created by an employee pursuant to the terms of his employment, the employer owns the copyright in the work
2. By agreement: the author can agree to transfer some or all of his rights - joint authors
1. where work is created jointly by more than one author, the authors are all co-owners of the copyright in the work
2. Requirement: contribution must be original material expression and not just ideas or noncopyrightable materials
10
Q
What is a contract
A
- an agreement giving rise to obligations which are enforced or recognised by law
- voluntary agreement between two or more parties
read the rest
11
Q
Function of contract
A
- set out extent of agreement
- identify and clarify rights and obligations
- allocated risk: ensure that all foreseeable risk of goals not being met are considered
- provide certain guarantees
- set performance standards
- provide how non-fulfilment obligations should be dealt with
12
Q
What the law of contract covers
A
- formation of contracts: elements required for contract to exist
- content of a contract
- performance of term of the contract by its parties
- remedies when there is non-fulfillment of either party’s obligations
13
Q
Elements of a contract
A
- offer: indication by offeror of willingness to contract
- Acceptance: absolute and unqualified, must be communicated to offeror by offeree
- Consideration: usually indicated by price or the carrying out of an act in return for the benefit
- Intention to create legal relations : reasonable to conclude from conduct of parties of their intention to be legally bound
- Capacity: parties must have the capability to enter a contract and issue of minors (below age of 18) and impaired mental capacity
14
Q
Contractual terms and performance
A
- set out and determine the rights and obligations of respective parties
- provide for how obligations are to be performed
- provide for how risks are to be allocated
- provide for how the contractual relationship is to be regulated: how it begins, carries on, ends or is renewed
15
Q
Common terms in contract
A
- Purpose of contract/ description of collaboration: what is the aim of the contract
- Payment/ fees: how much and how is payment to be made
- Rights and obligations of each party
- Duration/ termination: how long is the contractual relationship going to last? How will the contract end?
- Warranties: basic assurance that the contract can be carried out effectively
- Dispute resolution: how will disagreements be resolved
