T11 : Intellectual Property

Question 1

Property of IP

Answer 1

Negative rights” prevent others from doing certain things Territorial> national not international Some rights must be registered

Question 2

Copy right

Answer 2

Original = must not be copied, and must have sufficient independent time, skill and labour to produce No registration is required; comes into effect immediately lasts for life of author +50 years Owners rights: to copy, perform the work and to make an adaptation

Question 3

What is covered in copy rights

Answer 3

Literary, dramatic, musical, artistic (including computer programs or anything written) sound recording, films and communication works

Question 4

Infringement of copyright

Answer 4

Casual connection ; link between plaintiffs work and defendants copy Objective similarity (doesn’t have to be exact); Substantial copying is sufficient; judged by quality not quantity ( not a matter of percentages)

Question 5

Remedies

Answer 5

Injunctions, amount of profits, damages, delivering up infringment copies

Question 6

Registered trademarks

Answer 6

Trade mark signs> words, devices, colours, smells, and shapes> Sign must be ; capable of being graphically represetned, capable of distinguishing G/S and be inheretnly distinctively Cannot TM : laudatory, descriptive, geographical or sign is deceptive/confusing

Question 7

Remedies

Answer 7

Injunction, delivering of infringement copies, account of profits and damages

Question 8

How to get Tm

Answer 8

Application Examination Acceptance Renewal-10years

Question 9

infringement of TM

Answer 9

• If trademark is identical to a registered tm in relation to any goods, or service of which the tm is registered

if the trademark is identical to a registered tm in relation to any goods or services that are similar to any goods or services in respescit of which the trade mark is registered, if that use would likely to decieve or confuse or

similar to the registerd tradmark in relation to any goods or servicse hat are identical with or similar to any goods or services in respect of whihc the trade mark is registered, if the use would likely to decieve or confuse

identical with or similar to the registered tm in relation to any good or servicse that are not similar to the goods or service in respect of which the trade mark is registered where the trade mark is well known in NZ and the use of the sign takes unfair advantage of or is detrimental to the distinctive character or the repute of the mark

Question 10

Remedies

Answer 10

injunctions, delivery up of infringing copies, account of profits, damages