Week 3

Question 1

Intellectual property

Answer 1

useful information or knowledge.

Question 2

Intellectual property
Branches:
Artistic property

Answer 2

Type:
artistic, literary, and musical works.

Protected by:
copyrights and neighbouring rights

Question 3

Intellectual property
Branches:
Industrial property

Answer 3

Type:
Inventions; trade marks (logos, songs, pictures…)

Protected by:
Patents & Trademarks

Question 4

Pecuniary rights

Answer 4

The right to exploit a copyrighted work for economic gain.

• the right of production and reproduction;
• the right of distribution;
• the right of exhibition.

Question 5

Moral rights

Answer 5

The right to prohibit others from tampering with a copyrighted work.

Question 6

Copyright is

Answer 6

an incorporeal statutory right (intangible property - rights to property that can’t be seen or touched but are still enforceable by law

• that gives the author or the owner of an artistic work, for a limited period, the exclusive privilege of:
• making copies of the work
• publishing,
• selling the copies,
• prohibit public performance of that work.

copyright protection = ORIGINAL WORK :

• infuse creativity in it
• Irrelevant of its quality or artistic value

Question 7

Copyright Infringement (piracy)

Answer 7

unauthorised exploitation of a copyrighted work (pecuniary rights): production and reproduction, distribution, sale & exhibition.

Question 8

Intellectual Property:Copyright – Protection & Author Rights

Answer 8

Right to restrict/prevent the use of the work itself = COPYRIGHT

NO right to prevent others from using the idea / the knowledge (PATENT)

Question 9

Inventions

Answer 9

useful products & useful manufacturing processes

Patents protect inventions

Question 10

Patent

Answer 10

statutory right that grants inventor the exclusive right to use or sell a patented product or method or process for a limited period of time.

WTO-TRIPS: minimum term - 20 years for WTO member states

Question 11

Intellectual PropertyPATENTS & INVENTIONS- Requirements

Answer 11

New (novelty) = no other inventor has obtained a patent for the same invention;

An inventive step (invention) = was not “obvious” at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains“;

Capable of industrial application = The product or process is one that can be used in industry or commerce.

Question 12

Intellectual PropertyPATENTS & INVENTIONS - Types

Answer 12

Design Patent
- protect new and original designs of an article of manufacture.

Plant Patent
- creation or discovery of a new and distinct variety of a plant.

Utility Patent
- the invention of a new and useful process, machine, article of manufacture or composition of matter.

Question 13

The objects (types of intellectual creations) of copyright protection

Answer 13

art
literature
music
science

Question 14

The objects (types of intellectual creations) of copyright protection
Requirement

Answer 14

• ORIGINAL

- an author must infuse creativity into it.

Question 15

Duration of copyright;

Answer 15

It Differs from Convention to Convection: 50 and 70 years post mortem auctoris (i.e., for 70 years following the author’s death)

WTO, USA and EU – 70 years

Question 16

Inventions;

Answer 16

useful products and useful manufacturing processes

Protected by patents

Question 17

Trademarks

Answer 17

A mark or symbol used to identify goods of a particular manufacturer or merchant.

Question 18

Merchants and others use 5 marks to identify themselves and their products;

Answer 18

trademarks ( or true trademarks)
trade names,
service marks,
collective marks, and 
certification marks.

Question 19

Acquiring Trademarks

Answer 19

By Use

By Registration

Question 20

WTO-TRIPS Agreement (all IPR)

Answer 20

To create a set of rights and obligations that

governs the international trade in intellectual property

Question 21

Artistic property agreements

Berne Convention

Answer 21

Convention for the Protection of Literary and Artistic Works

Question 22

Artistic property agreements

Rome Convention

Answer 22

(Neighbouring Rights to Copyright); International Convention for the Protection of Performers’, Producers of Phonograms’ and Broadcasting Organization

Question 23

Artistic property agreements
WIPO Copyright Treaty

WIPO – World Intellectual Property Organisation

Answer 23

Requires member states to extend the provisions of the Berne Convention to computer programs and databases.

Question 24

Artistic property agreements

International Convention for the Protection of Industrial Property (Paris Convention):

Answer 24

Requires member states to provide national treatment, right of priority, and common minimum rules to protect owners of industrial property rights.

• national treatment: equality principle
• Right of priority; for one year, an application for a patent in a second member country will be treated as it had been filed on the same date as the application made in the first member country,
• Common minimum rules; to Protect owners of industrial property rights.

Question 25

Artistic property agreements | Patent Cooperation Treaty

Answer 25

a single application for patent protection that is equivalent to making a filling in all member states.

Question 26

5 ways to transfer Intellectual Property from one country to another:

Answer 26

the owner may work the property rights abroad, the owner may transfer or assign the rights to another, the owner may license another to work them, the owner may establish a franchise, or a government may grant a compulsory license so that a third party may exploit them.

Question 27

License

Answer 27

Authority Granted by the owner of an Intellectual property (licensor) to another person (licensee) The licensee: the right to use it in some limited way The licensee: obliged to pay.

Question 28

Franchise

Answer 28

Special license that requires the franchisee to work the licensed property under the supervision and control of the franchisor.

Question 29

Distributorship

Answer 29

A franchise in which a manufacturer licenses a dealer to sell its products.

Question 30

Chain-style business

Answer 30

A franchise in which a franchisee operates under the franchisor's trade name and is identified as part of the franchisor's business.

Question 31

TERRITORIAL RESTRICTIONS | Exhaustion-of-rights doctrine

Answer 31

Once a good made or sold under license is in circulation, the licensor has no further right to control its distribution.

Question 32

TERRITORIAL RESTRICTIONS | Common origin doctrine

Answer 32

Owners of the same intellectual property right who acquired it from a common predecessor cannot restrict each other from using the right. - to promote the free movement of goods at the expense of trademark owners

Question 33

Compulsory regulations Compulsory license:

Answer 33

the grant (by state decree) of a license to a licensee to use a statutory right (to use that IP as its owner) when the owner has failed to work it, Without her/his authorisation.

Question 34

PATENTS

Answer 34

Paris Convention and TRIPS: allows its member countries to grant "use of the subject matter of a patent without the authorization of the right holder"

Question 35

COPYRIGHTS Two types of compulsory (verplicht) licensing: A statutory copyright license:

Answer 35

authorizes third parties to use a copyrighted work in exchange for a fee (payment)

Question 36

COPYRIGHTS Two types of compulsory (verplicht) licensing: A compulsory copyright license

Answer 36

Compels a copyright owner to grant a license but allows the owner to negotiate the fee. -> allows the owner to negotiate the terms of the license.