Part 2c - IP Law Flashcards
Intellectual Property can be: (5)
- Inventions
- Literary and artistic works
- Symbols
- Names
- Images used in commerce
Intellectual Property law is only effective with a creation, not an idea.
What are the objectives of Intellectual property law? (2)
- Objectives:
○ IP gives the creators the right to control the use of their work/mark/invention/design and use it to gain financial reward
○ IP stimulates innovation by giving incentives and protection to IP creators.
From a business perspective, IP: (4)
- Is the basis for sustainable competitive advantage
- Makes it possible to transfer, license, and burden with a safety right
○ Allows companies to capitalize on these ideas and innovations.
The more, the better
The more rights you have on the product, the harder it is for competition to imitate you.
How can you monetize IP Rights?
- Transfer it
- License it
○ Licensor (the one giving the license)
○ Licensee (the one receiving the license) - Cross-licensing
○ License-in and license-out
Think of the example with a university using zoom. RUG may request a license for Zoom and they may ask for a license back, this would be cross-licensing- as RUG is exchanging their license for Zooms license, it is a license-out to acquire a license-in.
Different IP rights:(6)
- Patent right –> protects inventions
- Copyright–> protects creative work
- Trademark right–> distinguishes a product
- Design right–> protects exterior of products
- Geographical indication–> to distinguish, evidence origin
- Trade Secret –> protects the confidential know-how
Copyright (3)
- An artistic right, all others are industrial.
- “A copyright belongs to the creator or authors of any type of work that can be fixed in a tangible medium.”
This right is automatic, a copyright does not have to be registered
Requirements for copyright law:(4)
- Originality (not been copied from another course)
- Work/idea that is expressed not the idea itself.
- Put some effort and skill into the work
- Bringing a certain artistic work into existence
That’s all –> Automatic (no legal process needed beforehand)
Acquiring Copyright:
- It must be in permanent form by being recorded in some way
Duration of copyright being enforceable
- Life of the author + 70 years
What are the rights of the owner with copyrighted work?
- Copy
- Rent
- Lend
- Perform, play, or show
Primary infringement:
People who are directly involved with copying material (using a special theme song, copying a book chapter)
Secondary infringement + Remedy:
People in a commercial setting who deal with infringing copies or facilitating the copying of materials
- Not the actual copying but the commercial exploitation of it
○ Selling a fake CD for example
Remedy: Civil Action –> Court for an injunction or claiming any profits.
Patent
“An exclusive right given to an owner of an invention to make use and exploit their invention for up to 20 years.”
Requirements of a patent
- The invention is new
- It involves an inventive step
- It is capable of industrial application
An owner can exploit his patent by: (3)
- Owners may use it for financial gain
- Selling it
- Licensing it (royalties)
- Franchising it
There are 2 ways that can breach of a patent:
- IF it is a product: infringement by a person making the product, disposing or offering to dispose of it, using, importing, or keeping it.
- IF it is a process: infringement occurs where a person uses it or offers it for use knowing, or where he reasonably ought to have known that he is infringing a patent.
Remedies from a breach of a patent: (4)
- Injunction
- Damages
- Hand over the products
- Hand over the profits made from exploiting the patent
Trademark
“A distinctive name, symbol, motto, or design that legally identifies a company or its products and services. Sometimes it prevents others from using identical or similar marks.”
Requirements for a trademark: (2)
- Distinctiveness: It must be distinctive
It cannot merely describe the type of good “Best fries in town” vs “M” (McDonalds)
What are the refusal grounds for a trademark?
- The mark lacks a distinctive character (“RUG”)
- It is considered to be immoral and deceptive (“FU*K”)
- May falsely suggest a connection with a person (King Henry Shoes)
- Flags of states and countries
Duration of a trademark
= 10 years but renewable indefinitely (+10)
Design rights
- Protects the apparel of a product, or a part of it. It can be 2D or 3D.
○ This is the design of an item, not the functionality of it. - Do not confuse 2D with copyright!
Requirements for design rights: (3)
- New
- Individuality
- Non-functional
Duration of a design rights:
- Registered: 25 years
- Unregistered: 15 years
