Week 9 Intellectual Property Flashcards

1
Q

Areas covered by IP law?

A

Trademarks, copyright, patents and design rights

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2
Q

Difference between copyright and the object in question?

A

Copyright is considered an intangible property, whereas the object in question is considered a tangible property

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3
Q

Purpose of IP?

A

Offer an incentive to innovate and a reward for doing so

Societal and private benefits

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4
Q

Getting a trademark means you have?

A

Indication of origin
Quality
Advertisement
Investment

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5
Q

Trademark is regulated by?

A

The Trademark Act

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6
Q

What can you trademark?

A

Shapes, sounds, smells et al.

Anything graphical which is distinguishable from competitors

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7
Q

Infringing a trademark means

A

Use it in trade without consent

Affects the functions of the trademark holder

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8
Q

Trademark protection is against

A

Free-riding (Unfair advantage)
Blurring (Detriment to distinctive character)
Tarnishment (Detriment to reputation/repute)

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9
Q

Copyright requirements

A
Artistic work (ideas aren't enough)
Real author
Sufficiently original
Of the right type (there exists a list)
Fixed in a tangible medium
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10
Q

Infringement of copyright

A

When you copy all/”a substantial amount” of others’ work

You can use other people’s work, but you must use it fairly and with credit

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11
Q

Patents

A

Strongest form of protection
Last 20 years
Invent something novel (new, an inventive step, has an industrial application)

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12
Q

Matters not regarded as inventions for patents

A

Scientific theory/mathematical method/discovery
Aesthetic creations
Rules/methods for trade
Presentation of information

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13
Q

Matters excluded from patents

A

Medical treatments
Biological subject matter
Inventions contrary to morality/public order

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14
Q

Costs of a patent

A

Can be very expensive ($10978 for renewal)

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15
Q

Registered design

A

Protects the visual appearance of a product or item and gives you exclusive rights for that appearance
Get it registered to maximise protection

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16
Q

IP rights in an employment relationship

A

If you’re employed, it is often the case that your employer has the IP rights to anything you create, even if it isn’t on “company time”

17
Q

Copyright:
Patents:
Trademarks:
Design rights:

A

Copyrights are for aesthetic subject matter
Patents are for technical subject matter
Trademarks are for commercial/reputational subject matter
Design rights protect confidentiality

18
Q

Acquiring a trademark

A

Statutory IPR obtained via application to the Trade Marks Division of the IPO

19
Q

Acquiring a Patent

A

Statutory IPR obtained via application to the relevant Patent Office

20
Q

Acquiring copyright

A

Statutory IPR which arises automatically

21
Q

How to register a design?

A

Statutory IPR obtrained via application to the Designs Registry of the Patent Office

22
Q

Patent duration and nature

A

Up to 20 years.

A monopoly right

23
Q

Copyright duration and nature

A
Duration varies (Maximum of the life of the author plus seventy years)
Not a de jure monopoly right
24
Q

Trademark duration and nature

A
10 years which may be renewed indefinitely
A commercial monopoly right subject to class and sub-class limitations
25
Registered designs duration and nature
Up to 25 yeras (5 five-year renewal periods) | A commercial monopoly right
26
Moral rights
Rights to paternity, integrity, privacy for photographs and films (same duration as relevant copyright) RIght to object to false attribution in place for 20 years from death Arise automatically Not monopoly rights
27
Confidential information
Government/ other trade secrets which possess the necessary quality of confidence Equitable action arising via contract or the confidentiality of a relationship or Human Rights Act 1988 Lasts indefinitely until information released into public domain Not a monopoly right
28
Passing off rights
Protection against misrepresentations damaging the goodwill of an enterprise A tort Lasts indefinitely until enterprise's goodwill ceases
29
Unregistered design rights
Shape and configuration of whole/part of an article that are original and not common place Statutory IPR arises automatically from recording of design Lasts 15 years, not a monopoly right