1. Granstrand, O. and Holgersson, M. (2014), ‘Intellectual Property’. In The Wiley- Blackwell Encyclopaedia of Consumption and Consumer Studies Flashcards
(16 cards)
What is intellectual property (IP)?
IP is a property of intellectual or intangible character that represents creations like knowledge, technologies, brand names, and other intellectual resources.
What are Intellectual Property Rights (IPRs)?
IPRs are legally codified rights used to assign ownership to intellectual resources and exclude others from commercializing them under certain conditions.
What are the main types of IPRs?
Patents, copyrights, design rights, trademarks, trade secrets, and others like database rights and breeding rights.
What makes an intellectual creation eligible for IPR protection?
It must be new and distinctive.
What are the requirements for an invention to be patentable?
It must be new to the world, nonobvious to a skilled person, and useful.
How long do patents usually last?
Typically 20 years, with some exceptions.
What is the duration of copyright protection?
Generally 50 to 100 years after the creator’s death.
What makes trade secret rights different from other IPRs?
They are unregistered, can be kept indefinitely, but are vulnerable to leaks.
How long can trademark rights last?
Indefinitely, as long as they are renewed.
What is the primary purpose of granting IPRs?
To incentivize creation and disclosure of new intellectual resources, benefiting innovation and society.
What are the two main justifications for IPRs?
Utilitarian (encouraging innovation) and moral (creators’ entitlement to their work).
What are some criticisms of IPRs?
They can lead to monopolies, high prices, and inefficient competition.
What is the counterargument to the criticism of IPRs?
The temporary loss in competition is outweighed by increased innovation and dynamic efficiency.
What are FRAND commitments?
Licensing terms that are Fair, Reasonable, And Non-Discriminatory, often used in patent law to improve accessibility.
What is the role of license markets in IPR systems?
They enable the trade and transfer of intellectual resources, which is essential for innovation.
How has modern innovation changed IPR needs?
Innovation today is more cumulative, open, and systemic, requiring more flexible and shared IP practices.
