Types of IPS Flashcards
Form of protection granted to authors of original works of a
creative and artistic nature
Copyrights
It grants the author the commercial and moral rights, including exclusive
right to use, copy/reproduce, make derivative works.
Copyrights
What does Copyright protect
*literature
* music
* figurative arts
* architecture
* theater
* cinematography
* videogames
* performances
Who/what grants the copyright
Berne Convention (1886)
Characteristics of copyright durations
Limited in time
Berne Convention: author life + 50 years after
US + 70 years after
It varies in country and type of work
Copyrights, unlike patents:
Arise automatically in the very moment of creation
There are offices and procedures for registering copyrights
registration constitutes a prove of authorship and date of publication, but failure to register does not cause a loss of the right
2 copyrights requirments
Novelty and Originality
In all countries where software patentability is excluded, the software is protected by
Copyright, 15 years coverage
IPR used to protect
devices that improve the
efficiency or ease of use of a machine, tool, object or process or one of its parts
Utility model
Considered a second-tier
mechanism to protect inventions (often called
petty patents), as they are used for protecting
ideas with a small inventive step.
Utility models
Utility models: what can be protected
– apparatus and devices
– chemical substances
– medicinal products
Utility Models: Procedure
National route and separate states procedures. No International.
Utility models: requirements
similar to patents inventive less strict and requirements are not examined when registered and published. They are examined in court, in case of a lawsuit.
Utility models Austria and Germany (state of art)
Six months grace period
Germany: only things inside Germany (uses publications)
Differences
Utility models V. patents
1. Registered territorial IP right
Same
Differences
Utility models V. patents
2. Available in countries
UM. limited
P. most
Differences
Utility models V. patents
3. central filing in Europe
UM. NO
P. YES
Differences
Utility models V. patents
4. Time protection
UM. 10 years
P. 20 years
Differences
Utility models V. patents
5. Search report
UM. Some countries
P. Standard
Differences
Utility models V. patents
6. Registration and publication
UM. After few months
P. after 18 months
Differences
Utility models V. patents
7. Examination
UM. No substantive
P. Substantive
Differences
Utility models V. patents
8. Invalidation
UM. only when proceedings
P. after substantive examination procedure
Pros Utility models
Strategic IP
Fees lower
Not examined
Cons Utility models
Less legal certainty
Litigations could be costly
Design: what is a product
Any industrial or handicraft item
- packaging
- normal single products
- parts of products
- graphic symbols computer icons
- logos
- get-ups (interiors of rooms or shops)
- ornaments
- complex products
- Typefaces
a product
what cannot be a design?
Functions
External parts
Something not visible
Computer programs
Colors
Nature products
Design: requirements
Novelty dates matter
-12 months of grace period
Individual character
impressionant for a Informed user.
Where can you register a Design?
National
WIPO
EUIPO (alicante Spain)
Non registered designs
protection granted for 3 years
Design process
350 to fill - examination-250 to register- 40 to deferred - 120 to publication - Inalidity*
- No application procedure
- No cost
- Protection against copying
- Protection for 3 years
- No grace period
- No priority
Un registered Community designs
- Application with EUIPO
- Fees payable to EUIPO
- Full protection
- Min. 5 years, max. 25 years
- 12-month grace period
- 6-month priority period
Registered Community designs
Sign to identify products
or services. Any attribute capable of identifying and making distinctive
a certain company or item.
Trademark
Has to be clearly defined.
Lost if if not used within 5 years and if it becomes common.
It confers the right to exclusive use with no expiry date (10 years renewable
indefinitely).
Trademark
Some trademarks examples TM
Word mark: letters numbers
Color combination
Motion mark
Hologram
Sound
Pattern
Shape
etc
Trade mark where
- National, in each country
- EU, at the EUIPO (Alicante)
- Worldwide, (WIPO) in Geneva (Madrid Protocol)
WIPO
World Intellectual
Property Organization
Links products w/certain quality to a territory.
Wines / Spirits
EU and countries
Denomination of origin
Set of corporate information and skills. confidential.
The owner has some rights to restrict use.
No time limit.
Industrial Secret
Industrial secret V. patent
+free
+no limit or disclousure
+patentable later
-difficult to trade
-leaks
-Others can patent it
protects technical inventions in all fields of technology
PATENT
protects devices in several technological areas
UTILITY MODEL
relate to artistic creations, such as books, music, paintings, sculptures and
films
COPYRIGHTS
specify how products look
DESIGN
signal the origin of products to consumers
TRADEMARKS
signals the geographic origin/brand
DENOMINATION OF ORIGIN
IPs should be thought of as primarily
COMPLEMENTARY
* they are used in combination with other, non-IP based protection practices
