z Flashcards
z (92 cards)
1
Q
What is the main argument Ruse-Khan makes about the relationship between IP and the environment?
A
Ruse-Khan says that even though IP systems are meant to encourage new inventions to help society, technology has often caused serious harm to the environment. So, blindly supporting new technologies through IP laws is helping to damage the planet, and this approach needs to be rethought.
2
Q
How does Ruse-Khan challenge the idea that technology is “neutral”?
A
He explains that technology is not neutral — it reflects ideas about how society should be and often benefits some groups more than others. Also, new technologies often have unexpected effects that can harm the environment and change how society works.
3
Q
What does the paper say about the effectiveness of current IP tools (e.g., public order exceptions) in addressing environmental harms?
A
Current IP rules, like rejecting patents that go against public values, haven’t done much to stop the environmental damage caused by new technologies. The system still mostly pushes for more technology without properly controlling its harmful effects.
4
Q
According to the article(ruse-khan), what alternatives to relying solely on technological innovation should be considered?
A
Ruse-Khan suggests considering alternatives such as reducing consumption, supporting vulnerable populations, and re-evaluating human wants, instead of depending purely on new technologies to fix problems caused by previous innovations
5
Q
What role does moral and ethical responsibility play in Ruse-Khan’s view of addressing the environmental impact of technology?
A
Because current laws aren’t enough, Ruse-Khan says that both those who create and use technology have a moral and ethical duty to make sure it doesn’t keep harming the planet. Following ethical guidelines is especially important since the laws aren’t strict.
6
Q
Why do we need to justify intellectual property rights?
A
Because IP protects ideas, which are not physical things. We need good reasons to give people exclusive rights over something everyone could use.
7
Q
What justification theories attempt to justify intellectual property?
A
- Labor theory (Locke): you own what you create with your effort.
- Personality theory (Hegel): creations reflect your personality, so you should control them.
- Utilitarian theory: IP rewards creators and motivates more innovation, helping society.
8
Q
What is the function of intellectual property rights?
A
To protect inventions, creations, and brands so creators can benefit from their work and so society can get new ideas.
9
Q
What is the duration of IP rights? Why does it differ?
A
IP rights are limited in time (e.g., patents last 20 years, copyrights often 70 years after death).
10
Q
How does intellectual property differ from classic tangible property?
A
Tangible property is physical (like a car or house); IP is about ideas or creations (like a song or invention) that are not physical.
11
Q
What are the main legal sources of IPRs and what are their functions?
A
- International treaties (like TRIPS, Berne Convention): set global rules.
- EU law (like EU regulations): harmonizes rules between EU countries.
- National laws (like Latvian Patent Law): apply rules inside each country.
12
Q
Which countries are signatories to the European Patent Convention?
A
39 countries: all EU countries + some others like the UK, Switzerland, Norway, Turkey, Iceland, etc.
13
Q
What TRIPS Agreement (WTO 1994) states?
A
- Sets minimum standards for IP protection globally (patents, trademarks, copyrights, etc.).
- Links IP to trade — countries must respect IP to be part of world trade.
- Key topics: copyright, trademarks, patents, enforcement rules, dispute settlement
14
Q
Paris Convention (1883)
A
- Focuses on industrial property (patents, trademarks, designs).
- Main points:
o National treatment (foreigners get same protection as locals).
o Right of priority (you can file in other countries within 6–12 months and keep your filing date).
o Independence of patents (a patent in one country is separate from others).
15
Q
Berne Convention (1886)
A
- Protects literary and artistic works (books, music, paintings, films).
- Main points:
o Automatic protection (no need to register).
o National treatment for foreign authors.
o Protects moral rights (like the right to be named as the author).
16
Q
Patent Cooperation Treaty (PCT) (1970)
A
- Simplifies filing patent applications internationally.
- One application = protection possibility in many countries.
- Main points:
o International search to check if your invention is new.
o International publication after 18 months.
o Later: move to national phases in chosen countries.
17
Q
TRIPS Agreement:
A
Sets minimum global standards for IP linked to world trade.
18
Q
Paris Convention:
A
Protects industrial property with national treatment and priority rights.
19
Q
Berne Convention:
A
Protects literary and artistic works automatically and worldwide
20
Q
. Patent Cooperation Treaty (PCT):
A
Allows one patent application for many countries at once.
21
Q
What is enforcement?
A
- Forcing people to follow a law or agreement.
22
Q
Why study IP law?
A
- IP protects ideas like inventions, music, brands.
- Important organizations: WIPO (global), WTO/TRIPS, EUIPO (EU).
23
Q
What is Intellectual Property (IP)?
A
- Intangible creations (ideas, inventions, brands, etc.).
- IP Rights (IPRs) = legal rights to control your IP.
24
Q
Common features of IP:
A
- Non-exclusive: many people can use at once.
- Non-rival: use by one doesn’t stop use by another.
25
Types of IP:
* Industrial Property: patents, trademarks (TMs), designs.
* Copyrights: creative works like books, music.
26
Historic background:
* First patents: Venice (1474).
* England: first laws to limit monopolies (1624).
* US Constitution: supports IP for innovation.
27
Justification theories:
* Deontological (Locke, Hegel): fairness, dignity.
* Utilitarian (Mills, Bentham): encourages innovation
28
How IP works:
* IP protects the idea, not the physical object (owning a book ≠ owning copyright).
* IP can be registered (e.g., patents) or automatic (e.g., copyrights).
29
Duration of protection:
Patent 20 years from filing
Copyright 70 years after author's death
Registered Design 5 years (renewable to 25 years)
Trademark 10 years (renewable forever)
30
What is intellectual property (IP)?
Ideas and creations like inventions, music, trademarks.
31
What are Intellectual Property Rights (IPRs)?
Legal rights giving owners control over their IP.
32
What are the main types of IP?
Copyrights, patents, trademarks, designs.
33
Why is IP protection territorial?
Because rights are granted by national offices for specific countries.
34
What is the exhaustion principle?
After first authorized sale, IP owner can’t control the resale of the product.
35
Name two IP justification theories.
Deontological (fairness) and Utilitarian (economic benefit).
36
How long does patent protection last?
20 years from filing
37
What is a licence in IP law?
Agreement to allow someone to use IP without transferring ownership
38
What is the Paris Convention about?
International treaty setting minimum rules for industrial property.
39
How is IP protected in the EU?
Through directives (harmonization) and regulations (EU-wide rights).
40
What is patentable subject matter?
It’s the kind of things you can get a patent for — usually new inventions, like machines, tools, chemicals, or methods that do something useful.
41
What are the requirements for patentability?
* New (nobody has done it before),
* Inventive (not obvious),
* Useful (it must do something practical),
* Disclosed clearly (explained well enough that others can understand it).
42
What are the exceptions to patentability?
* Discoveries (like a new animal or plant you find),
* Scientific theories,
* Mathematical methods,
* Art, music, and literature,
* Ways of playing a game or doing business (unless linked to a technical solution),
* Inventions against public order (for example, dangerous weapons).
43
What are the exceptions to the scope of protection (defences to infringement)?
Sometimes people can use a patented invention without breaking the law, for example:
* Using it privately and not for business,
* Using it for experiments or research,
* Certain uses related to getting official approvals (like for new medicines).
44
What is the role of the European Patent Organisation?
It runs the system for getting patents that work in many European countries at once. It helps by checking if inventions meet the rules and granting patents.
45
What is prior art?
Anything that has already been made public before the patent application — like books, articles, other inventions, websites. If it’s in the prior art, it can stop a new patent from being granted.
46
What is priority?
If you apply for a patent in one country, you get a "priority right" — meaning you can apply in other countries within 12 months and still keep your original filing date. It’s like saving your place in line.
47
What is patent infringement?
When someone uses, makes, sells, or copies a patented invention without permission from the patent owner.
48
How do you determine the scope of protection?
You look at the claims in the patent document — they describe exactly what is protected. They set the legal boundaries, like a fence around the invention.
49
1. Why do we need plant variety protection?
Plant variety protection (PVP) encourages innovation in agriculture by granting breeders exclusive rights over new plant varieties they develop. It ensures they can financially benefit from their work, which incentivizes the development of better, more productive, resilient, or nutritious plants. This helps drive agricultural progress and food security.
50
What are the requirements for protection?(PLANT VARIETY)
* New (not sold or distributed earlier than a certain number of years before the application);
* Distinct (clearly different from any existing varieties);
* Uniform (sufficiently consistent in its characteristics); and
* Stable (its essential characteristics remain unchanged after repeated propagation).
51
What right does the plant variety protection confer?
Plant variety protection gives the breeder the exclusive right to produce, reproduce, sell, market, export, import, and stock the protected variety. Others need the breeder’s authorization to carry out these acts.
52
What is an agricultural exemption?
An agricultural exemption allows farmers to use the harvest from a protected variety for planting on their own farms without needing the breeder’s permission. However, it usually restricts selling or distributing the seeds for propagation to others.
53
What is the main purpose of Supplementary Protection Certificates (SPCs)?
The main goal of SPCs is to make up for lost patent time caused by the long process of getting approval to sell medicines and plant protection products.
54
Name the two European Regulations governing SPCs and specify what products they cover.
* Regulation (EC) No 1610/96: Plant protection products (PPTs)
* Regulation (EC) No 469/2009: Medicinal (pharmaceutical) products
55
What are the requirements to be granted an SPC under Article 3 of the SPC Regulation?
* The applicant must have a valid patent in force.
* A valid marketing authorisation (MA) must be in place.
* The product must not have been the subject of a previous SPC.
* The marketing authorisation must be the first one granted for the product.
56
How is the duration of an SPC calculated?
The duration is based on the time between when the patent was filed and when the product got its first EU approval, minus 5 years. The SPC can last for up to 5 years at most.
57
Does an SPC extend the protection of a basic patent to all uses of the invention?
No, an SPC only protects the specific product that got approved. It doesn’t usually extend the original patent to cover all other possible uses of the invention.
58
What is the manufacturing waiver introduced in the SPC regime?
The manufacturing waiver lets companies start making and storing the product in the EU up to 6 months before the SPC ends, so they can sell it right away after the SPC expires without breaking the rules.
59
What are the practical effects of SPCs on third parties?
SPCs stop others from selling, making, or bringing in the same or similar products without permission from the SPC owner.
60
What is a trade secret?
A trade secret is important information that a company keeps hidden because it gives them an advantage over competitors.
It could be a special recipe, a way of making something, a business plan, or any information that is valuable because it’s secret.
61
What acts constitute a trade secret infringement?
Trade secret infringement happens when someone uses, shares, or steals the secret without permission.
This can include:
* Stealing documents or files that contain the secret.
* Spying on a company to find out their secret.
* Leaking the secret to others.
* Using the secret in your own business without permission.
In short: If you take or use a secret that you’re not allowed to, it’s an infringement.
62
How is a trade secret different from a patent?
A trade secret is not registered or publicly disclosed, and protection depends on secrecy, while a patent is publicly registered and gives exclusive rights for a limited time.
63
Name three examples of what can be protected as a trade secret.
* Manufacturing processes
* Client or supplier lists
* Recipes or chemical formulas
64
What are the three conditions for information to qualify as a trade secret under the EU Directive?
1. It must be secret (not generally known).
2. It must have commercial value because it is secret.
3. Reasonable steps must have been taken to keep it secret
65
What acts would be considered trade secret infringement?
Unlawful acquisition, use, or disclosure of a trade secret without permission, like stealing files, spying, or leaking confidential information.
66
What are the main legal sources protecting trade secrets in Europe?
* Paris Convention Art. 10bis
* TRIPS Agreement Art. 39
* EU Trade Secrets Directive 2016/943
* National laws (e.g., Latvian law)
67
: Is it a trade secret infringement if someone independently discovers the same information?
No, it’s not infringement if someone independently discovers the same information. Infringement only happens if the trade secret is obtained or used without permission.
68
How does trade secret protection under the TSD differ from classical intellectual property rights like patents?
Unlike patents, trade secrets don’t need to be registered and don’t give exclusive rights. Their protection relies on keeping the information secret. Trade secret laws focus on stopping unfair use or theft, not on giving ownership of the information. While patents require sharing information publicly in exchange for protection, trade secrets rely on keeping things confidential.
69
Why was harmonisation of trade secret protection necessary in the EU?
Different approaches in each Member State caused confusion and made it harder for countries to work together on innovation. The TSD (Trade Secrets Directive) helps by creating a standard level of protection for trade secrets across the EU.
70
What are "infringing goods" under the TSD?
Goods that are made, sold, or used based on trade secrets that were stolen or misused can be banned from being produced, sold, imported, exported, or stored.
71
What lawful methods exist for acquiring a trade secret under the TSD?
Lawful acquisition means discovering or creating something on your own, reverse engineering products that are publicly available, or legally observing, studying, or testing products.
72
What limitations does the TSD impose regarding whistleblowers?
Protection is granted if the whistleblower discloses the trade secret to reveal misconduct or illegal activity for the purpose of protecting the public interest. However, it controversially requires proving the subjective intent to protect public interest.
73
Why does the TSD require confidentiality measures during legal proceedings?
To prevent revealing the trade secret and losing its value, everyone involved in a lawsuit — including the parties and the court — must keep the information confidential during and after the case.
74
Should post-employment restrictions on using trade secrets have been harmonised under the TSD? Why or why not?
Some might say the rules should be the same everywhere to provide clear legal protection for trade secrets. However, letting each country decide respects their independence and takes into account different labor market policies.
75
What happens if someone unknowingly uses an infringing good according to the TSD?
If the use was innocent (the person didn’t know or intend to break the law), courts might give money to the trade secret owner instead of stopping or banning the use, to avoid causing serious harm to the user.
76
1. Why can't protection of plant varieties be cumulated at national and EU levels?
To avoid confusing and overlapping rights that would make enforcement harder. National protection is allowed to give breeders more choices based on their needs.
77
Why is there a distinction in novelty requirements for EU and non-EU disclosures?
Because sales in the EU affect the market quickly, so stricter timing (1 year before application) is needed. Non-EU sales have a longer period (4-6 years) because the market dynamics are different.
78
Why are breeders required to propose a variety denomination?
To make sure varieties are clearly identified and easily tracked in the market. A unique name helps farmers, businesses, and regulators tell different varieties apart.
79
. What problems exist with the agricultural exception (farmers' privilege)? How could it be improved?
Problems include farmers not following the rules and difficulties in collecting royalties. It could be improved by:
* Better monitoring (like mandatory reporting or audits),
* Easier royalty collection (e.g., licensing bodies),
* More education and incentives for farmers.
80
How does the CPVR system interact with patent law?
CPVR protects whole plant varieties, while patents can protect specific traits. This creates tension, especially about farmers' rights to reuse seeds. Some rules try to clear up the confusion, but some uncertainty still exists.
81
What is the main purpose of a patent?
To encourage innovation by giving inventors exclusive rights to their inventions for a limited time in exchange for public disclosure.
82
What is the "principle of territoriality" in patent law?
Patents are only valid in the country where they are granted. A German patent only protects you in Germany, not in France or Italy
83
What is the "right of priority" under the Paris Convention?
After filing a patent in one country, you have 12 months to file in other countries and keep the original filing date.
84
What is a "patent thicket"?
A situation where many small patents overlap on one product, making innovation complicated and expensive
85
What is a "patent troll"?
A company that buys patents just to sue others and make money from settlements, not to actually invent or make products.
86
Why are Supplementary Protection Certificates (SPCs) needed?
Because medicines often take many years to get government approval, SPCs extend patent protection by up to 5 extra years to compensate.
87
What are the advantages of the PCT (Patent Cooperation Treaty)?
It lets you file one international application instead of applying separately in each country, saving time and effort initially.
88
Why has it been difficult to create a Unitary EU Patent?
Because countries can't agree on language rules, translation costs, and which courts should handle disputes.
89
How does the TRIPS Agreement influence patent law worldwide?
It sets minimum standards for patents that all WTO members must follow, ensuring basic patent protection worldwide.
90
Why has the interface between IP and human rights been debated recently? Why is it controversial?
Reasons: The growth of digital technologies and global trade has led to conflicts between IP enforcement and human rights, such as:
Access to Medicines: Strong patents can make drugs too expensive in poor countries, raising health concerns.
Digital Copyright: Enforcing copyright online (like blocking websites) can limit free speech and privacy.
Plain Packaging: Restrictions on tobacco branding clash with property rights, as public health takes priority.
Why Controversial? IP owners want strong protection to reward innovation, but activists focus on human rights like health, freedom of speech, and access to information. This creates tension, as seen in cases like Scarlet Extended (privacy vs. copyright) and WTO disputes over plain packaging.
91
2. What happens if the CJEU and ECtHR reach different conclusions on human rights?
o Potential Conflict: The CJEU (EU law) and ECtHR (ECHR) operate in parallel, but the EU isn’t formally bound by the ECHR until accession. If they disagree, national courts face dilemmas, as EU law has primacy in Member States, but the ECHR binds states internationally.
o Bosphorus Airways Case (2005): The ECtHR ruled that when EU law is applied, Member States are presumed to comply with the ECHR unless the protection is “manifestly deficient.” This reduces conflict by deferring to EU law unless it gravely violates human rights.
o Implications: Different rulings could confuse national courts, but the CJEU’s reference to ECHR principles and the Bosphorus presumption minimize clashes. Ongoing EU-ECHR accession talks aim to align systems further.
92
4. What does balancing copyright with the right to information in the digital environment mean?
o Meaning: Copyright protects creators’ control over their work, but over-enforcement can limit public access to information (e.g., news, research). The right to information (Article 11 Charter) ensures people can access and share knowledge.
o Balance Needed: In digital contexts, strict copyright rules (e.g., blocking content on platforms) can censor lawful information sharing. Commentators suggest exceptions like fair use, public domain access, or limited ISP liability to protect information access.
o Example: Allowing libraries to digitize books for public access respects copyright while ensuring information availability, as seen in CJEU cases like SABAM v. Netlog.
