1 Flashcards
(27 cards)
Why do we need to justify intellectual property rights?
To give people exclusive control over their creations while balancing the rights of creators and societal benefits.
Justifications ensure fairness in the control of ideas and creations.
What justification theories attempt to justify intellectual property?
- Utilitarian Theory: Encourages innovation and creativity.
- Natural Rights Theory: Creators deserve control over their work.
- Personality Theory: Protects the creator’s identity.
- Economic Incentive Theory: Provides financial rewards to motivate creation.
Each theory highlights a different aspect of why IPRs are necessary.
What is the function of intellectual property rights?
- Protect creators’ work from copying.
- Reward creators with control and money.
- Encourage innovation with exclusive rights.
- Share knowledge through public disclosure.
- Promote economic growth.
IPRs play a crucial role in fostering creativity and economic development.
How does intellectual property differ from classic tangible property?
- Intangible vs. Tangible: IP is about ideas, tangible property is physical.
- Non-rivalrous: IP can be used by many without depletion.
- Time-limited: IP rights expire, while tangible property rights do not.
- Exclusivity: IP stops others from using ideas, tangible property stops others from taking objects.
These differences highlight the unique nature of intellectual property.
What is the duration of IP rights?
- Patents: Usually 20 years from filing.
- Copyright: Life of the author plus 70 years.
- Trademarks: Indefinite, renewed every 10 years.
- Designs: Up to 25 years, renewable.
Different types of IP have varying durations based on their purposes.
What are the main legal sources of IPRs?
- National Laws: Define and protect IP locally.
- International Treaties: TRIPS, Paris Convention, Berne Convention, EPC.
- Regional Laws: EU regulations harmonize IP in member states.
These legal frameworks ensure consistency and protection of intellectual property rights.
Which countries are signatories to the European Patent Convention?
- All 27 EU countries.
- Non-EU members: Albania, Iceland, Liechtenstein, Monaco, North Macedonia, Norway, San Marino, Serbia, Switzerland, Turkey, United Kingdom.
The EPC has 38 member states as of 2025.
What is patentable subject matter?
- Inventions that are new, useful, and industrially applicable.
- Examples: New phones, drugs, manufacturing methods.
- Not patentable: Ideas, natural phenomena, mathematical formulas.
Patentability is restricted to concrete inventions.
What are the requirements for patentability?
- Novelty: Must be new.
- Inventive Step: Must not be obvious.
- Industrial Applicability: Must be useful in industry.
These criteria ensure that only deserving inventions receive patent protection.
What are the exceptions to patentability?
- Discoveries, scientific theories, or mathematical methods.
- Aesthetic creations (e.g., paintings).
- Schemes for mental acts or business.
- Computer programs (unless solving a technical problem).
- Inventions against public morality.
- Methods for medical treatment or diagnosis (in Europe).
These exceptions help delineate the boundaries of patent protection.
What are the exceptions to the scope of protection (defences to infringement)?
- Private use.
- Experimental use.
- Bolar exemption.
- Prior use.
- Exhaustion.
These defences allow certain uses of patented inventions without constituting infringement.
What is the role of the European Patent Organisation?
- Runs the European Patent Office.
- Grants European patents under the EPC.
- Examines applications for patentability.
- Handles appeals and opposition.
- Promotes harmonized patent laws across member states.
The EPO plays a key role in managing patent applications in Europe.
What is prior art?
All information available to the public before a patent’s filing date.
Prior art is crucial for determining the novelty and non-obviousness of an invention.
What is priority in patent law?
The right to claim the earliest filing date when applying for a patent in multiple countries.
Priority helps protect an invention’s novelty on a global scale.
What is patent infringement?
Using, making, selling, or importing a patented invention without permission.
Infringement can be direct or indirect.
How do you determine the scope of protection of a patent?
- Claims define what’s protected.
- Courts interpret claims literally and contextually.
- Equivalents may cover slight variations.
- Description clarifies claims.
Understanding the scope is essential for assessing potential infringement.
Why do we need plant variety protection?
- Encourages breeding new plant varieties.
- Rewards breeders with exclusive rights.
- Improves agriculture and food security.
Plant variety protection fosters agricultural innovation.
What are the requirements for plant variety protection?
- Novelty: The variety must be new.
- Distinctness: Clearly different from other varieties.
- Uniformity: Similar in key traits.
- Stability: Traits consistent over generations.
These requirements ensure the quality and uniqueness of protected varieties.
What right does the plant variety protection confer?
Exclusive rights to produce, sell, or export the protected variety.
Breeders control commercial use for a set period, typically 20-25 years.
What is an agricultural exemption?
Farmers can save seeds from protected varieties for replanting on their own farm.
This exemption balances the rights of breeders with the needs of farmers.
What is a Supplementary Protection Certificate (SPC)?
An extension of patent protection for medicines or plant protection products, adding up to 5 years.
SPCs are available in the EU to compensate for lengthy approval processes.
What is the rationale for granting an SPC?
- Drug development takes years, reducing effective patent time.
- SPCs provide extra time to recover costs and encourage innovation.
This extension is crucial for pharmaceutical companies.
What subject matter can be covered by an SPC?
- Human or veterinary medicines.
- Plant protection products.
SPCs must have a valid patent and regulatory approval.
What are the requirements for obtaining an SPC?
- A valid patent.
- First market authorization in the EU.
- Not already covered by an SPC.
- Application filed within 6 months of approval.
These requirements ensure that SPCs are granted only for eligible products.
