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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
Q

Cons Utility models

A

Less legal certainty
Litigations could be costly

26
Q

Design: what is a product

A

Any industrial or handicraft item

27
Q
  • packaging
  • normal single products
  • parts of products
  • graphic symbols computer icons
  • logos
  • get-ups (interiors of rooms or shops)
  • ornaments
  • complex products
  • Typefaces
A

a product

28
Q

what cannot be a design?

A

Functions
External parts
Something not visible
Computer programs
Colors
Nature products

29
Q

Design: requirements

A

Novelty dates matter
-12 months of grace period
Individual character
impressionant for a Informed user.

30
Q

Where can you register a Design?

A

National
WIPO
EUIPO (alicante Spain)

31
Q

Non registered designs

A

protection granted for 3 years

32
Q

Design process

A

350 to fill - examination-250 to register- 40 to deferred - 120 to publication - Inalidity*

33
Q
  • No application procedure
  • No cost
  • Protection against copying
  • Protection for 3 years
  • No grace period
  • No priority
A

Un registered Community designs

34
Q
  • Application with EUIPO
  • Fees payable to EUIPO
  • Full protection
  • Min. 5 years, max. 25 years
  • 12-month grace period
  • 6-month priority period
A

Registered Community designs

35
Q

Sign to identify products
or services. Any attribute capable of identifying and making distinctive
a certain company or item.

A

Trademark

36
Q

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).

A

Trademark

37
Q

Some trademarks examples TM

A

Word mark: letters numbers
Color combination
Motion mark
Hologram
Sound
Pattern
Shape
etc

38
Q

Trade mark where

A
  1. National, in each country
  2. EU, at the EUIPO (Alicante)
  3. Worldwide, (WIPO) in Geneva (Madrid Protocol)
39
Q

WIPO

A

World Intellectual
Property Organization

40
Q

Links products w/certain quality to a territory.

Wines / Spirits

EU and countries

A

Denomination of origin

41
Q

Set of corporate information and skills. confidential.

The owner has some rights to restrict use.

No time limit.

A

Industrial Secret

42
Q

Industrial secret V. patent

A

+free
+no limit or disclousure
+patentable later
-difficult to trade
-leaks
-Others can patent it

43
Q

protects technical inventions in all fields of technology

A

PATENT

44
Q

protects devices in several technological areas

A

UTILITY MODEL

45
Q

relate to artistic creations, such as books, music, paintings, sculptures and
films

A

COPYRIGHTS

46
Q

specify how products look

A

DESIGN

47
Q

signal the origin of products to consumers

A

TRADEMARKS

48
Q

signals the geographic origin/brand

A

DENOMINATION OF ORIGIN

49
Q

IPs should be thought of as primarily

A

COMPLEMENTARY
* they are used in combination with other, non-IP based protection practices

Patents (11 decks)

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