WEEK 7

Question 1

What is intellectual property (IP)?

Answer 1

Legal ownership of a creative work, held by individuals or businesses.

Question 2

What are the two main categories of IP?

Answer 2

Copyrights and related rights – protect creative works (books, music, films).

Industrial property rights (trademarks, patents, company names, industrial designs, and plant breeders’ rights.

Question 3

whats the oldest form of IP

Answer 3

copyright

Question 3

What does copyright protect?

Answer 3

To ENCOURAGE INNOVATION and CREATIVITY by granting creators exclusive rights to use and profit from their creations for a certain period.

Question 4

What is the Berne Convention?

Answer 4

A major international copyright treaty that protects authors’ rights globally.

Question 5

Are facts or widely known objects protected by copyright?

Answer 5

No — copyright only applies to original creative expression, not general facts.

Question 6

Is non-commercial use always allowed under copyright?

Answer 6

No — for example, in Mongolia, even non-profit use must respect copyright.

Question 7

Is registration required for copyright protection?

Answer 7

No — as long as authorship can be proven, copyright exists automatically.

Question 8

How long does copyright last under the TRIPS Agreement?

Answer 8

50 years after the author’s death

Question 9

How long is copyright protection in the U.S.?

Answer 9

Up to 120 years, depending on the type of work.

Question 10

How long is copyright protection in the EU?

Answer 10

Author’s life plus 70 years.

Question 11

What are related rights (or neighbouring rights)?

Answer 11

Rights for performers, producers, and broadcasters to protect their recordings and broadcasts.

Question 12

What is database protection?

Answer 12

Legal protection for databases created through significant effort or cost in collecting and organizing data.

Question 13

the owner of copyright has two rights: ECONOMIC and MORAL RIGHTS, explain moral

Answer 13

article 6 Bernee: Right of PATERNITY = The right to be named as the author.

Right of INTEGRITY =
The right to stop others from changing your work in a way that damages your reputation.

CANNOT BE SOLD THUS INTANGIBLE

Question 14

Why are semiconductors hard to protect under normal copyright or patent law?

Answer 14

Because their designs are easy to copy and manufacturing is simple.

Question 15

How are semiconductors protected?

Answer 15

Through specific laws like:

US: Semiconductor Chip Protection Act
EU: Directive 87/54/EEC
Japan: Law on Circuit Layout
Global: TRIPS Agreement

Question 16

semiconductor

Answer 16

a material (usually silicon) used to make tiny electronic circuits

Question 17

Why are semiconductors hard to protect under normal copyright or patent law?

Answer 17

Because their designs are easy to copy and manufacturing is simple.

Question 18

How are semiconductors protected?

Answer 18

Through specific laws like:

US: Semiconductor Chip Protection Act
EU: Directive 87/54/EEC
Japan: Law on Circuit Layout
Global: TRIPS Agreement

Question 19

What do semiconductor protection laws cover?

Answer 19

The layout (topography) of semiconductor chips.

Question 20

What is required to get semiconductor protection?

Answer 20

A duplicate of the circuit must be submitted.

Question 21

How long is semiconductor protection usually valid?

Answer 21

10 years

Question 22

What does industrial design protect?

Answer 22

The aesthetic appearance of products.

Question 23

What are the requirements for industrial design protection?

Answer 23

The design must be:

• Newly generated or original
• Fresh or unique (to avoid consumer confusion)

Question 24

How long does industrial design protection last?

Answer 24

TRIPS minimum: 10 years BENELUX: Up to 25 years United States: 15 years

Question 25

What are breeders' rights?

Answer 25

Rights given to plant breeders for new, unique, stable, and unified plant species.

Question 26

What is a major issue with breeders' rights?

Answer 26

Large companies may patent traditional breeding methods, limiting local farmers’ access to those techniques.

Question 27

What is the purpose of trademarks and company names?

Answer 27

To help consumers identify the source of goods or services.

Question 28

What are the requirements for trademark or company name registration?

Answer 28

The name must be: Unique Not already registered Not similar to existing trademarks Not against laws or public order

Question 29

What is Article 2.20 of the Benelux Convention about?

Answer 29

It provides four levels of trademark protection, including protection against identical/confusing trademarks and damage to a brand’s reputation or distinctiveness.

Question 30

Why are generic or common words often rejected as trademarks?

Answer 30

Because they don’t help distinguish one brand from another and are not unique.

Question 31

Is trademark protection automatic?

Answer 31

No, it is relative—the trademark holder must take action to enforce their rights.

Question 32

Why is international registration of IP important in global business?

Answer 32

Because IP rights don’t automatically apply in other countries—you must register in each country where protection is needed.

Question 33

What does the Berne Convention ensure?

Answer 33

That authors’ rights are respected in all member countries.

Question 34

relative and absolute grounds

Answer 34

relative:Now, let’s say another cookie brand called “Kruncheez” already exists. You still try to register your name: “Crunchies” ➡ The trademark office might approve it. But... you as a company need to take action absolute: You try to register the name “Cookies” instead of “Crunchies.” ➡ The trademark office says NO — why? Because: “Cookies” is too generic It just describes the product You can’t own a common word like that 🛑 You are automatically rejected — no one needs to complain.

Question 35

What does the Patent Cooperation Treaty (PCT) do?

Answer 35

It allows a single patent application to be used in multiple countries.

Question 36

What do the Madrid Agreement and Madrid Protocol do?

Answer 36

They simplify international trademark registration across many countries

Question 37

What is the EU’s unitary patent system?

Answer 37

A new system the EU is developing to allow one patent to apply across all EU countries, making the process simpler and cheaper.