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LAW 24 > Session 7 - Protecting your ideas and data > Flashcards

Session 7 - Protecting your ideas and data Flashcards

1
Q

what are intellectual property rights?

A

LEGAL RIGHTS given to an INVENTOR or CREATOR of an idea to PROTECT his invention/creation for a CERTAIN PERIOD of time.

during this period, IP grant an exclusive right to use the invention for itself and make profit out of it

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2
Q

which are the main reasons for IP rights?

A
  1. driver for growth and competitiveness
  2. growth of economy per se
  3. creates and supports high paying jobs
  4. protects customers and families in terms of quality of products
  5. encourage innovation
  6. helps generating breakthrough solutions to global challenges
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3
Q

patents

A
  • NOVELTY
  • susceptible of INDUSTRIAL APPLICATION/utility = needs to be industrialized, cannot be just a theoretical invention
  • must be REGISTERED
  • grant for 20 years
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4
Q

what is not patentable?

A
  1. methods for treatment of medical conditions of the human and animal body
  2. discoveries inventions already existed
  3. plants of animal varieties
  4. scientific theories and mathematical methods
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5
Q

which are the 3 types of patents?

A

utility models
designs
trade secrets

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6
Q

for how long you can exclude others from exploiting your patent?

A

20 years

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7
Q

2 rights on the patent

A
  1. right to EXCLUDE OTHERS from exploiting the invention: from making, using, offering for sale, selling or importing a product that infringes the patent
  2. right to ASSIGN, or TRANSFER by succession, the patent and to conclude licensing contracts
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8
Q

utility models (patents)

A

new and industrially applicable technical solution of a problem, no particular invention totally new but a step ahead.

  • requirement of publication
  • cheaper than patent
  • shorter period of protection (3-10 years)
  • not in all countries
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9
Q

design (patents)

A

they protect the ornamental design, form, appearance & style of objects, but NOT THEIR FUNCTIONAL ASPECT

three dimensional features: shape
two dimensional features: patterns/lines/color

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10
Q

what rights you get from patenting a design?

A
  • right to make, import, sell, lease of products/articles in which the design is incorporated or to which the design is applied
  • prevent others to do so
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11
Q

term of protection for design

A

5 years, but renewable in periods of 5 years to max 15

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12
Q

trade secrets

A

a way of doing business with a commercial value and producing something not strictly patentable, just a know-how that people have and people having the same ability has

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13
Q

what are trademarks

A

Signs distinguishing goods and services with respect to all other signs of enterprises: a sign capable of DISTINGUISHING the goods or services of one enterprise from those of other enterprises

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14
Q

do trademarks last forever?

A

yes but depending on the goods and services

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15
Q

types of trademarks

A

words, letters/numerals, designs, devices, colors, 3d signs, sounds, smell marks, motion

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16
Q

once you obtain a registration for the trademark what you have to do?

A

requirement to USE the mark at least for 5 years. it can be renewed infinitely every 10 years

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17
Q

what is the copyright?

A

a creator’s exclusive right for publishing and distributing their original work keeping 3rd parties from passing the work as their own

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18
Q

what is the main distinction between copyrights and other IP rights?

A

patents and trademarks can be linked to a company, while copyrights is just for INDIVIDUALS

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19
Q

how many years does copyright last?

A

70 years after the death of the author

that is why originality should be from a natural person and sufficiently concrete and expressive, so it can last this long

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20
Q

does copyright includes a close list f works?

A

no, in the past the list was short, now the new trend is that Copyright legislation usually adopts a shift to an OPEN-ENDED LIST …
Nowadays it includes many works: music, database, artistic works, broadcasting, video and so on

21
Q

are you protected from copyright across all EU?

A

yes, The European Union Intellectual Property Office (EUIPO) can provide you with EXCLUSIVE RIGHTS trademark & design protection throughout the European Union (EU) with a single application, saving time and costs to conclude this process

22
Q

Goods or services containing IP come into … in the Single Market WHEN they are placed on the market anywhere in the EU by the IP right owner or with his consent

but it is not allowed to…

A
  1. free circulation
  2. make copies and clones
23
Q

main issues to take into account when applying for IP rights in a competitive market?

A
  • think about where you need protection (where you make the product and where you main competitors have manufacturing facilities)
  • which rights you can claim
  • check substitutes when there is competition risk
24
Q

does IP rights give economic power?

A

no, having iP rights does not mean having an economic advantage

25
Q

can IP rights be used to strengthen a position of market dominance?

A

yes (ex. Microsoft 80%)

26
Q

can IP rights create monopolies?

A

yes

27
Q

2 main categories for IP remedies of infringement

A
  1. EMERGENCY ACTIONS
  2. ACTIONS ON THE MERIT
28
Q

IP remedies of infringement: EMERGENCY ACTIONS

A

actions aimed at generating an interruption of the violation, obtaining injunction orders from the civil judge.

29
Q

what can you ask with an emergency action on IP rights?

A

ask the jury to oblige the trasgressor to remove all trademarks used, change the look&feel and if continues the matter can cross criminal law

30
Q

IP remedies of infringement: actions of merit

A

call for a regression of profits: all profits earned by the infringer are transferred back to the actual owner of the rights as well as the LOSSES suffered in terms of confusion in the market and loss of reputation and opportunities.

31
Q

is confidentiality the same of personal data protection?

A

no, confidentiality is part of privacy law regulation but it is not a synonym of personal data protection.

32
Q

personal data definition

A

any information relating to an identified or identifiable natural person

(per se or combined able to reveal my identy)

33
Q

special categories of personal data

A

racial or ethnical origin, political or philosophical opinion, trade union membership, sexual orientation, data concerning health, biometric data, genetic data, criminal conviction

34
Q

data processing

A

Any operation or set of operations which is performed on personal data, whether or not by automated means, including:
Having data
Storing data
Using data
Manage data

35
Q

3 general principles of GDPR

A
  1. LAWFULNESS = any processing must be based on one of the legal grounds set out on ARTICLE 6 (consent, contractual obligation, legitimate interest)
  2. CONFIDENTIALITY = ensures appropriate security
  3. TRANSPARENCY AND FAIRNESS = appropriate information in relation to the processing of data
36
Q

storage limitation of data

A

personal data must be kept for no longer that is necessary for the purposes for which are processed

37
Q

minimitization of p. data

A

adequate, relevant and limited to what is necessary to the purposes for which are processed

38
Q

purpose limitation of p. data

A

shall be collected for specific explicit and legitimate purposes

39
Q

accuracy of personal data

A

they must be up to date

40
Q

sanctions for data breach

A
  1. monetary sanctions up to 4% of revenues
  2. compensation for damages
  3. criminal law
41
Q

right to be informed

A

right to receive privacy information such as how their data will be processed, who it will be shared with; what their rights are with respect to it

42
Q

right of access

A

confirmation that their data is being processed and can request to access them, verifying the lawfulness of procedures

you have to comply with those requests within 1 month and free of charge (POTENTIALLY charge a fee just in case the request is unfounded, excessive and repetitive)

43
Q

right to retification

A

Individuals have the right to request inaccurate data be corrected and incomplete data completed

You must correct inaccurate matters of fact and confirm rectification, inform recipients of incorrect data of the rectification

44
Q

right of erasure of data

A

Individuals have the right to erasure if is no longer necessary in relation to the purpose for which it was originally collected/processed, or they withdraw consent, their data has been unlawfully processed, there is legal obligation or the data was added to social media when the individual was a child

You must also Take steps to inform any other processors of the data subject’s request for erasure if personal data has been made public

45
Q

right to restrict processing of data

A

individuals can ask restriction of processing until an accuracy claim is verified

46
Q

right of data portability

A

allows individuals to obtain and reuse their personal data for their own purposes across different services

it applies only if individual has provided you with their data and is processed by consent or contract and processing is carried out by automated means. does not apply when data processing is necessary for performance of a task carried out in public interest

47
Q

rights in relation to automated decision making and profiling

A

individuals have the right not to be subject to a decision when: It is based solely on automated processing AND it produces a legal significant effect on the individual

48
Q

what does accountability mean on GDPR?

A

to be reliable and able to demonstrate that you comply with the data protection principles

49
Q

how to become more accountable

A
  1. Processing data in a transparent manner
  2. Maintaining records of processing
  3. Appointing a Data Protection Office
  4. Carrying out Data Protection Impact Assessments

LAW 24 (8 decks)

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