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Patents > Types of IPS > Flashcards

Types of IPS Flashcards

1
Q

Form of protection granted to authors of original works of a
creative and artistic nature

A

Copyrights

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2
Q

It grants the author the commercial and moral rights, including exclusive
right to use, copy/reproduce, make derivative works.

A

Copyrights

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3
Q

What does Copyright protect

A

*literature
* music
* figurative arts
* architecture
* theater
* cinematography
* videogames
* performances

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4
Q

Who/what grants the copyright

A

Berne Convention (1886)

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5
Q

Characteristics of copyright durations

A

Limited in time
Berne Convention: author life + 50 years after
US + 70 years after
It varies in country and type of work

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6
Q

Copyrights, unlike patents:

A

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

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7
Q

2 copyrights requirments

A

Novelty and Originality

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8
Q

In all countries where software patentability is excluded, the software is protected by

A

Copyright, 15 years coverage

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9
Q
A
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10
Q

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

A

Utility model

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11
Q

Considered a second-tier
mechanism to protect inventions (often called
petty patents), as they are used for protecting
ideas with a small inventive step.

A

Utility models

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12
Q

Utility models: what can be protected

A

– apparatus and devices
– chemical substances
– medicinal products

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13
Q

Utility Models: Procedure

A

National route and separate states procedures. No International.

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14
Q

Utility models: requirements

A

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.

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15
Q

Utility models Austria and Germany (state of art)

A

Six months grace period
Germany: only things inside Germany (uses publications)

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16
Q

Differences
Utility models V. patents
1. Registered territorial IP right

A

Same

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17
Q

Differences
Utility models V. patents
2. Available in countries

A

UM. limited
P. most

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18
Q

Differences
Utility models V. patents
3. central filing in Europe

A

UM. NO
P. YES

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19
Q

Differences
Utility models V. patents
4. Time protection

A

UM. 10 years
P. 20 years

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20
Q

Differences
Utility models V. patents
5. Search report

A

UM. Some countries
P. Standard

21
Q

Differences
Utility models V. patents
6. Registration and publication

A

UM. After few months
P. after 18 months

22
Q

Differences
Utility models V. patents
7. Examination

A

UM. No substantive
P. Substantive

23
Q

Differences
Utility models V. patents
8. Invalidation

A

UM. only when proceedings

P. after substantive examination procedure

24
Q

Pros Utility models

A

Strategic IP
Fees lower
Not examined

25
Cons Utility models
Less legal certainty Litigations could be costly
26
Design: what is a product
Any industrial or handicraft item
27
* 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
28
what cannot be a design?
Functions External parts Something not visible Computer programs Colors Nature products
29
Design: requirements
Novelty dates matter -12 months of grace period Individual character impressionant for a Informed user.
30
Where can you register a Design?
National WIPO EUIPO (alicante Spain)
31
Non registered designs
protection granted for 3 years
32
Design process
350 to fill - examination-250 to register- 40 to deferred - 120 to publication - Inalidity*
33
* No application procedure * No cost * Protection against copying * Protection for 3 years * No grace period * No priority
Un registered Community designs
34
* 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
35
Sign to identify products or services. Any attribute capable of identifying and making distinctive a certain company or item.
Trademark
36
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
37
Some trademarks examples TM
Word mark: letters numbers Color combination Motion mark Hologram Sound Pattern Shape etc
38
Trade mark where
1. National, in each country 2. EU, at the EUIPO (Alicante) 3. Worldwide, (WIPO) in Geneva (Madrid Protocol)
39
WIPO
World Intellectual Property Organization
40
Links products w/certain quality to a territory. Wines / Spirits EU and countries
Denomination of origin
41
Set of corporate information and skills. confidential. The owner has some rights to restrict use. No time limit.
Industrial Secret
42
Industrial secret V. patent
+free +no limit or disclousure +patentable later -difficult to trade -leaks -Others can patent it
43
protects technical inventions in all fields of technology
PATENT
44
protects devices in several technological areas
UTILITY MODEL
45
relate to artistic creations, such as books, music, paintings, sculptures and films
COPYRIGHTS
46
specify how products look
DESIGN
47
signal the origin of products to consumers
TRADEMARKS
48
signals the geographic origin/brand
DENOMINATION OF ORIGIN
49
IPs should be thought of as primarily
COMPLEMENTARY * they are used in combination with other, non-IP based protection practices

Patents (11 decks)

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