Unit 8

Question 1

Double scope:

Answer 1

1. The legal protection granted to the way chose by the entrepreneur to distinguish in the marketplace
2. To incentivise inventive activity of entrepreneurs

Question 2

distinctive signs
Function

Answer 2

protect the certain valuable intangible business assets, mainly, trademarks and tradenames (the appearance of something in the market)

Question 3

Industrial creations

Answer 3

encourage innovation such as patents, utility models (Refer to something which has content, some sort of industrial modification that is significant.)

Question 4

types of distinctive signs

Answer 4

tradename
trademark
shop signs (not included in the trade mark act)

Question 5

Regulation of patents

Answer 5

Regulated by law of patents not trade mark act

Question 6

what is the key component of a TM

Answer 6

distinctiveness

Question 7

types of TMs

Answer 7

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)

Question 8

Birth of the right to a trademark

Answer 8

-valid registration at the spanish patents and trademarks office
-provide content of the trademark
-after 2 month opposition period ->official gazette

Question 9

Content of the right of a trademark

Answer 9

-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

Question 10

Term and expiration

Answer 10

-TM 10 year period-> renewal every other 10 years
-must me used used in the first 5 years

Question 11

Absolute grounds for refusal

Answer 11

-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

Question 12

tradname and corporate name same?

Answer 12

they can be but don’t have to

Question 13

Right to a trade name

Answer 13

-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.

Question 14

types of industrial creations

Answer 14

• Inventions
• Industrial and artistic design (the external appearance of a product).

Question 15

Nature and economic function

Answer 15

• against the principle of free competition
• But, those who carry out economic efforts are protected, promote inventions

Question 16

characteristics of a patent

Answer 16

-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

Question 17

You cannot patent

Answer 17

• 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

Question 18

right of patent

Answer 18

-belongs to owner or inheritor
-entitels the owner to exploit patent
-lawful owner can invalidate patent

Question 19

invention types of patent

Answer 19

-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

Question 20

Content of a patent

Answer 20

-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

Question 21

invalidity of patent

Answer 21

-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

Question 22

transfer of patents

Answer 22

-sale
-License to use patent
-given as security
(transfer of the use of a patent is made by the license agreement “contractual licenses”)

Question 23

do compulsory licenses exist

Answer 23

yes when:
-failure of use
-existence of great public interest (e.g. vaccines)

Question 24

copyright

Answer 24

• such as books and other writing works
• musical compositions
• paintings
• sculptures
• computer programs
• cinematographic works
  -rights of performers