Part 3: Author's rights and Trademarks Flashcards
Author's rights, trademarks
What are author’s rights and related rights?
A law regulating protection for original creations. Author’s rights only protects its form of expression, Related rights protects the performance of artists, broadcasting orgs. and videograms.
author’s rights and related rights code protects:
intellectual works (original creations, from the literary, artistic or scientific domains) (author’s rights)
performances of artists, producers of phonograms and videograms (related rights)
What are examples of works under copyright? (name 3 or more)
Movies, Music, Arts, Industrial designs considered arts, choreography, conferences, photos, adverts, slogans, logos,
Author’s right does not protect ideas, processes or concepts, but only its…
form of expression (the actual result of the work)
As a general rule, author’s rights belong to…
the intellectual creator (ownership) of the work,
unless otherwise expressly provided (
If you buy a book or record, do you acquire the copyright on the work?
No, you are acquiring the material support of that work
The collective work, organized upon the initiative of a single or collective entity and disclosed or published in its name, is, as a general rule, owned by
the single or collective entity that has organized and directed its creation and on behalf of whoever has been disclosed or published
Author’s rights and related rights include two other rights, which are:
Economic and personal rights
Economic rights
the author holds exclusive rights to use and enjoy its the work as well as to authorise its use and enjoyment by third parties
Why can copyrights expire?
To allow the spread or continuation of knowledge and art form. allowing the public to expand or continue said work.
what are trademarks?
A sign that identities and distinguishes your products or services from those of your competitors.
types of trademarks?
logos (figurative marks), words (slogans), sounds, color patterns, shapes (non-conventional)
Trademarks must be registedered otherwise…
Someone else will claim it as their own
Registration grants exclusive rights over the trademark however, trademark holders don’t have rights to…
prevent others from using identical marks in different industries of goods and services (unrelated products).
The composition of the trademark must comply with legal rules governing….
The composition of marks, ie the requirements for registering a mark
Requirements for registering a trademark (4):
- it must be distinctive
- The signal cannot be composed only of words that describe the characteristics of the products or the service.
- It cannot be likely to mislead or confuse the consumer (making them assume the product belongs to the company being imitated)
- Cannot be offensive
Why can’t common words such as “CarRental” be registered as a trademark?
It lacks distinctive nature, it is composed of words that describe the services provided
How can two trademarks be the exact same and still be valid?
If their registration classification are completely different
What happens if a trademark goes unused for 5 years?
The trademark can be cancelled and deregistered
How long is a trademark valid for?
10 years from the date of submission
In regards to renewing a trademark, can it be renewed or not?
It can,
Is it important to register and protect your trademark abroad?
As its not ilegal to trade under an unregistered trademark, it can be stolen or someone else will register.
What happens when you apply for registration of a trademark internationally?
You have to choose which countries you want to add it and add it on their trademark databases
What happens if any of the requirements of a trademark is broken?
Competitors can cancel the trademark
