Summary: Intellectual Property Law

Read the summary and the most important questions on Intellectual Property Law

• Seminar 1 Introduction

  This is a preview. There are 4 more flashcards available for chapter 03/09/2019
  Show more cards here

• Which are the 2 categories IP is further divided into and provide a brief description

  IP is further divided into:
  1. Industrial Property
  includes trademarks, patents for inventions, industrial designs and geographical indications
  
  2. Copyright 
  Copyright is a right protecting the copying of literary and artistic works defined types of cultural, informational and entertainment productions, such as films, paintings, musical tunes, dance choreographies etc

• What is the legal and economic rationale of a copyright?

  Legal rationale = an established copyright enables its holder to market its creation by him/herself or grant it to a representative. A copyright thus prevents unauthorized acts of its use. 
  
  Economic rationale = creators of artistic works should be able to earn from their work. The absence of an established copyright would enable other people (who have not created it) to exploit it for money.

• What is the European conception of copyright?

  Non-economic; a copyright protection should be granted out of respect to the creator and to be identified as the creator and preserve his/her work

• What is a Trademark?

  A Trademark is a protected symbol/sign needed by consumers to distinguish between competing products and service in a given market economy. 
  
  Definitions in TMA 1994, Art. 2 Trademark Directive and art 4 CTMR

• What is the legal and economic rationale of a Trademark?

  1. Badge of origin
  2. Distinguishes without confusion to other products
  3. Indication of quality 
  4. Means for Advertisement 
  5. Serves as investment vehicle

• What is a Patent?

  A patent is an exclusive right granted for an invention - a product or process that provides a new way of doing something or that offers a new technical solution to a problem.

• What is the legal and economic rationale of a patent?

  A patent is intended to encourage innovation by providing a limited monopoly to the inventor in return for the disclosure of its invention. 
  
  The protection can offer an incentive to others who wish to study new technology. 

• What are some problems with IP territoriality?

  1. The IP right only applies in the given territory and not universally
  2. Protection is only in the given territory
  3. Enforcement also only in the given territory

• How are the problems with IP territoriality fixed?

  The problems are addressed by 2 Conventions, also known as the "Great Conventions"
  1. Paris Convention for the Protection of Industrial Property 1883
  2. Berne Convention for the Protection of literary and artistic property 1886

• What are the 2 principles the Great Conventions based on?

  1. Principle of National Treatment (non-discriminatory) 
  2. Principle of minimum standards of protection (recognition and protection)