Unit 8 Flashcards
Distinctive signs and industrial creation
Double scope:
- The legal protection granted to the way chose by the entrepreneur to distinguish in the marketplace
- To incentivise inventive activity of entrepreneurs
distinctive signs
Function
protect the certain valuable intangible business assets, mainly, trademarks and tradenames (the appearance of something in the market)
Industrial creations
encourage innovation such as patents, utility models (Refer to something which has content, some sort of industrial modification that is significant.)
types of distinctive signs
tradename
trademark
shop signs (not included in the trade mark act)
Regulation of patents
Regulated by law of patents not trade mark act
what is the key component of a TM
distinctiveness
types of TMs
Collective trademark (Everyone is responsible to keep the reputation, owner of tTM is an association)
Warranty trademark (satisfaction of certain requirements)
Known trademark ( not registered; but known; same rights as registered)
European trademark (granted by EU, exclusive right in EU)
International trademark (International registration of trademarks)
Birth of the right to a trademark
-valid registration at the spanish patents and trademarks office
-provide content of the trademark
-after 2 month opposition period ->official gazette
Content of the right of a trademark
-Exclusive right with plurality of effects within the territorys
-right to prohibit non authorised parties from using an identical or similar trademark
-capacity to prosecute third parties for using your trademark
Term and expiration
-TM 10 year period-> renewal every other 10 years
-must me used used in the first 5 years
Absolute grounds for refusal
-sign or any characters against public order
-not conform to the general requirements
-devoid of any distinctive nature
-imitation without consent of Spains decorations
-consist exclusively of signs to designate the kind, quality, geographical origin
tradname and corporate name same?
they can be but don’t have to
Right to a trade name
-Similar to that of trademarks
- does not grant the right to use such sign to distinguish products, in which case a Trademark application must necessarily be filed.
- The registration of a Tradename grants the owner an exclusive right to use the name.
types of industrial creations
- Inventions
- Industrial and artistic design (the external appearance of a product).
Nature and economic function
- against the principle of free competition
- But, those who carry out economic efforts are protected, promote inventions
characteristics of a patent
-patent can’t be renewed after 20 years
-must be a new invention (GLOBALLY)
-inventive step not made from “other old things that are put together”
-must apply to all industries
You cannot patent
- Inventions go against public order or morality
- Plant varieties
- Animal breeds
- Biological processes for production of plants or animals
- Certain methods of surgical or therapeutic treatment of human body parts or animal body parts
- processes for cloning human beings or the use of human embryos for commercial or industrial purposes
right of patent
-belongs to owner or inheritor
-entitels the owner to exploit patent
-lawful owner can invalidate patent
invention types of patent
-Employer inventions (when invented as outcome for work carried out for the comp. -> company owns the right)
-Mix inventions (when not invented as outcome for work carried out for the comp. -> company owns the right but compensation must be granted)
-Free inventions
Content of a patent
-owner has exclusive right for use and exploitation
- patent must be exploited either by the owner or an authorised within three years following
- Patents have a fixed duration of 20 years which
invalidity of patent
-conditions of patentability are not fulfilled
-invention is not described sufficiently
-subject of the patent is beyond the content of the patent application
-When the patentee is not entitled to obtain the patent pursuant to the Law
transfer of patents
-sale
-License to use patent
-given as security
(transfer of the use of a patent is made by the license agreement “contractual licenses”)
do compulsory licenses exist
yes when:
-failure of use
-existence of great public interest (e.g. vaccines)
copyright
- such as books and other writing works
- musical compositions
- paintings
- sculptures
- computer programs
- cinematographic works
-rights of performers
