Part 3: Author's rights and Trademarks

Question 1

What are author’s rights and related rights?

Answer 1

A law regulating protection for original creations. Author’s rights only protects its form of expression, Related rights protects the performance of artists, broadcasting orgs. and videograms.

Question 2

author’s rights and related rights code protects:

Answer 2

intellectual works (original creations, from the literary, artistic or scientific domains) (author’s rights)
performances of artists, producers of phonograms and videograms (related rights)

Question 3

What are examples of works under copyright? (name 3 or more)

Answer 3

Movies, Music, Arts, Industrial designs considered arts, choreography, conferences, photos, adverts, slogans, logos,

Question 4

Author’s right does not protect ideas, processes or concepts, but only its…

Answer 4

form of expression (the actual result of the work)

Question 5

As a general rule, author’s rights belong to…

Answer 5

the intellectual creator (ownership) of the work,
unless otherwise expressly provided (

Question 6

If you buy a book or record, do you acquire the copyright on the work?

Answer 6

No, you are acquiring the material support of that work

Question 7

The collective work, organized upon the initiative of a single or collective entity and disclosed or published in its name, is, as a general rule, owned by

Answer 7

the single or collective entity that has organized and directed its creation and on behalf of whoever has been disclosed or published

Question 8

Author’s rights and related rights include two other rights, which are:

Answer 8

Economic and personal rights

Question 9

Economic rights

Answer 9

the author holds exclusive rights to use and enjoy its the work as well as to authorise its use and enjoyment by third parties

Question 10

Why can copyrights expire?

Answer 10

To allow the spread or continuation of knowledge and art form. allowing the public to expand or continue said work.

Question 11

what are trademarks?

Answer 11

A sign that identities and distinguishes your products or services from those of your competitors.

Question 12

types of trademarks?

Answer 12

logos (figurative marks), words (slogans), sounds, color patterns, shapes (non-conventional)

Question 13

Trademarks must be registedered otherwise…

Answer 13

Someone else will claim it as their own

Question 14

Registration grants exclusive rights over the trademark however, trademark holders don’t have rights to…

Answer 14

prevent others from using identical marks in different industries of goods and services (unrelated products).

Question 15

The composition of the trademark must comply with legal rules governing….

Answer 15

The composition of marks, ie the requirements for registering a mark

Question 16

Requirements for registering a trademark (4):

Answer 16

• it must be distinctive
• The signal cannot be composed only of words that describe the characteristics of the products or the service.
• It cannot be likely to mislead or confuse the consumer (making them assume the product belongs to the company being imitated)
• Cannot be offensive

Question 17

Why can’t common words such as “CarRental” be registered as a trademark?

Answer 17

It lacks distinctive nature, it is composed of words that describe the services provided

Question 18

How can two trademarks be the exact same and still be valid?

Answer 18

If their registration classification are completely different

Question 19

What happens if a trademark goes unused for 5 years?

Answer 19

The trademark can be cancelled and deregistered

Question 20

How long is a trademark valid for?

Answer 20

10 years from the date of submission

Question 21

In regards to renewing a trademark, can it be renewed or not?

Answer 21

It can,

Question 22

Is it important to register and protect your trademark abroad?

Answer 22

As its not ilegal to trade under an unregistered trademark, it can be stolen or someone else will register.

Question 23

What happens when you apply for registration of a trademark internationally?

Answer 23

You have to choose which countries you want to add it and add it on their trademark databases

Question 24

What happens if any of the requirements of a trademark is broken?

Answer 24

Competitors can cancel the trademark

Question 25

What happens if a trademark is confused for a general good (bic pens in regards to all pens)

Answer 25

It loses its distinctiveness, one of the requirements of a trademark.