Session 1: Law Flashcards
Law
the enforceable body of rules that governs any society
the enforceable body of rules that governs any society
Law
Intellectual property
creation of the human mind. Recognised in the Paris convention
creation of the human mind. Recognised in the Paris convention
Intellectual property
reason to protect ip
give statutory expression to the rights of the creators and promote creativity (contribute)
give statutory expression to the rights of the creators and promote creativity (contribute)
reason to protect ip
copyright
refers to the act of copying an original work, only with authors permission
refers to the act of copying an original work, only with authors permission
copyright
industrial property
signs conveying information, regarding products and services offered in the market, protect against unauthorised use
signs conveying information, regarding products and services offered in the market, protect against unauthorised use
industrial property
Patents time
20 years, not renewable
Patent
new solution to technical problems, right to prevent commercially exploiting the invention for limited time and within the territory
new solution to technical problems, right to prevent commercially exploiting the invention for limited time and within the territory
patent
conditions of patentability
- patentable subject matter: protect public order
- industrial applicability: utility
- novelty: new characteristics
- inventive step: non-obviousness
- disclose of the invention: description clear and complete
- patentable subject matter: protect public order
- industrial applicability: utility
- novelty: new characteristics
- inventive step: non-obviousness
- disclose of the invention: description clear and complete
conditions of patentability
Right of priority
patent - application filled in a member country of the Paris convention have 12 month period to apply for protection in other country
patent - application filled in a member country of the Paris convention have 12 month period to apply for protection in other country
right of priority
exception in patents
use for wider public interest
off patent
patent expires and enter public domain
utility models
protection for inventions, shorter commercial life than patents, simpler procedure
protection for inventions, shorter commercial life than patents, simpler procedure
utility models
difference between utility models and patents
- novelty is needed but inventive step is less evident.
- protection for 10 years.
- lower fees
industrial design time
5 years, renewable 4 times (max 25 years)
industrial design
aesthetic aspect of an article that give special apareance, and must be able to be reproduced by industrial means. Can be new or not. The legal protection is only for the design. Exclusivity right
aesthetic aspect of an article that give special apareance, and must be able to be reproduced by industrial means. Can be new or not. The legal protection is only for the design. Exclusivity right
industrial design
exclusivity right
protect agains unauthorised explotation of the design in industry
protect agains unauthorised explotation of the design in industry
exclusivity right
intellectual property with regard to integrated circuits
layout designs of integrated circuits are creation of the human mind. Vast investment in expertise and financial
layout designs of integrated circuits are creation of the human mind. Vast investment in expertise and financial
intellectual property with regard to integrated circuits