patents

Question 1

types of property and differences

Answer 1

physical

tangible

expensive to create and recreate

copied without legal repurcussions

intellectual

intangible

lot of effort to creat but easy to reproduce at minimal cost

eg. biotechnology patents, literature automatic copyright

Question 2

design rights

Answer 2

registered AND unregistered right

protects appearance of whole product or part

europe £60 (25 years) £130-40 renewal every 5 years

japan 15 years

Question 3

patents

Answer 3

registered right

exclusive legal right granted for an invention

territorial right

requires disclosure of invention

£200 UK

MUST BE

new

inventive

capable of industry application

Question 4

DEFINITION cross-licensing

Answer 4

agreement between two or more parties where each party grants rights to their intellectual property to other parties

Question 5

DEFINITION patent pools

Answer 5

arrangement among multiple patent holders to aggregate their patents

Question 6

trademarks

Answer 6

registered right

word, name, phrase, colour, smell, symbol or design or combinations that identifies and distinguishes the source of the goods or service of one party

appears on the product or packaging

exclusive right

10 years

£200 (one class of goods and services)

£50 (every additional class)

Question 7

DEFINTION generic trademark

Answer 7

trademark or brand name becoming a generic name for a general class of product or service

Question 8

know-how/trade secrets

Answer 8

unregistered right

piece of information that provides an organisation with a competitive advantage over other companies

eg. coca-cola

Question 9

copyright

Answer 9

unregistered right

protects intellectual property

up to death of author +70 years or 95 years (US)

broadcast/cable +50 years

MUST BE

original

skill involved

permanent form not just an idea

author qualifies for protection

Question 10

geographic indications

Answer 10

sign used on goods that have a specific geographical origin and posess qualities or a reputation that are due to that place of origin

Question 11

exclusive rights granted by legal protection of IP

Answer 11

brand

innovation

design

Question 12

rationale for IP rights

Answer 12

support and provide incentive for innovation, creativitiy and originality

protect investment

protect consumers from deceptive or confusing behaviour by competing business

Question 13

results of identifying, cultivating and strategically using IP assets

Answer 13

increase revenue

gain competitive edge

position well in market

Question 14

necessary but not sufficient

Answer 14

innovate DON’T litigate

Question 15

examples of patents

Answer 15

1902 gilette disposible razor

1974 stanley cohen and herbert boyer gene splicing technology has earned over $250billion

dell computers have 77 patents protecting its built to order method

amazon have patent for one-click buying method

Question 16

advantages and disadvantages of patents

Answer 16

advantages

firm can maintain its competitive advantage

encourages research and development

attracts investment

licenses can be sold to generate revenue

disadvantages

expensive to monitor/regulate/maintain

cost of patent may out-weigh the financial advantages of the invention

inventors may choose to capitalise on inventions that could benefit the wider public eg. low carbon emitting energy source rather than allowing the inventions to be used widely