Unit 8 Flashcards
Define Intellectual Property Law
The law whose purpose is the redulation of the fruit of the human intellect when its applicable to the industry
What are the interests that intellectual property law is trying to protect?
- Private interest of the author
2.General interest
- distinctive signs: granting transparency to the market and the consumer
- Patent: prevents invemntions from remaining secret and not helping social progress
What is a Trademark?
any sign capable of graphic representation that serves to distinguish in the market the products or services of an entrepreneur with respect to those of others
(examples: Kit-Kat, Nescafe. Nesquik)
What is a Tradename?
distinctive sign that serves to identify an entrepreneur (company) in commercial traffic and to distinguish it from others taht carry out identical or similar activities
(examples: Nestle)
state and describe the different types of trademarks
- Collective trademarks
(distinguishes products or services of members of an association, all owned by the association) - Guarantee Trademark
(common quality characteristics, geographical origin)
3.Renowned Trademark
(generally known for prestige and/or geographic reach)
4.European Union Trademark
(scope throughout the territory of the european union)
- International Trademarks
(supranationa nature)
Describe the elements of Trademark Law
- BIRTH
registration in the registry –> if not a prohibition cause - RIGHTS
exclusivity over the trademark, may prohibit another person from using the same or similar sign - OBLIGATION
the trademark needs to be used in an effective and real way, if not used it expires after 5 years - DURATION
10 year renewable indefinitely - ASSET
is is an exclusive and non-exclusive transferable asset
What are the Absolute situation in which trademark/names cannot be registered?
ABSOLUTE:
- lack of distinctive character and differentiating function
(“lawyer”, “milk”…)
-Containing exclusivelu designations of species, quality ecc.
(olive oil, soy drink…)
- containing exclusively usual signs or indications in common language
-Contrary to public order, the law or good custom
- Reproduction, without authorization, shields flags of country, CCAA, provinces or town halls
- That may mislead about the nature or origin
What are the Relative situation in which trademark/names cannot be registered?
- Signs that may be confused with others already registered of the same class
- In connection with renowned trademarks and trade names
Define and state the types of industrial creations
the result of human activity aimed at solving a technical problem to meet community needs
- PATENT: creations whose object are background creations –> inventions
- INDUSTRIAL MODELS: ornamental character shape creations
-UTILITY MODELS: creations that provide a configuration or structure that results in some appreciable practical advantage for its use of manufacture
Define Patent and descibe its essential requirements
title by which someone is officially recognized for an invention of industrial application and the rights derived from it.
Requirements:
NEW
something not included in the curent state of science
INVENTIVE ACTIVITY
it does not result from the state of science in an obvious way for a person skilled in the matter.
INDUSTRIAL APPLICATION
when it can be used in any kind of industry
What are the elements of patent Right?
- BIRTH
registration in the registry
2.RIGHT
grants the holder a monopoly right over the object of the patent
- OBLIGATION OF EXPLOITATION
loss due to no exploitation is possible after not using the patent for 3 years - DURATION
limited to 20 years non-renewable after
5.ASSET
can be sold or licensed (with or without exclusivity)
What are the different types of designation of ownership of the patent?
- The inventor
- Right in common
when several people worked together on the invention - Inventions within a company:
- service: employee whose contractual agreement is focused on research (patent belongs to the company)
- Mixed: employee creates a new invention but obtained in their activity in the company
(company can assume ownership, financially compensating the employee) - Free: employee develops it outside of his work space
(belongs to employee)
Describe the patent exploitation licenses
licensor grants the right to exploit the patent in exchange for compensation
contractual:
-mutual agreement between the parties
mandatory:
-due to lack of exploitation
- for reasons of public health or national defense
