Intellectual Property In General Flashcards
What is Intellectual Property?
Intellectual Property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce.
What is a copyright?
The right of literary or artistic property. It is a right granted by the statute to the author or creator of a certain literary or artistic production, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.
What is a patent?
A patent refers to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable.
What is a trademark?
A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods.
With regards to intellectual property, what is the Paris Convention?
The Paris Convention is a treaty between its member states where it sets forth that its signatory countries should refuse or cancel the registration or prohibit the use of a trademark that will create confusion of a mark considered by the competent authority of the country of registration or use to be well-known in that country as being already the mark of a person entitled to the benefits of the convention and used for identical or similar goods.
What is the difference between geographical indication and geographic indicators?
Geographical Indication, as defined under Tea Board India v. ITC Limited, are an indication which identifies such goods as originating, or manufactured in the territory of a specific place where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin.
Under the Darjeeling case, geographic indicators only apply to goods, and not on services.
