Intellectual Property rights
8 important questions on Intellectual Property rights
What are the four requirements for a trade name?
- Must be unique within the region and line of work
- may not misrepresent ( you cannot name it after another person)
- May not be the same as a trade mark belonging to another company
- May not cause confusion
Give some examples for trade marks:
- Words
- Picture
- Shape (coca-cola bottle)
- Colours
- Sounds
When will a trademark not be registered?
- it lacks distinguishable properties
- morality is at play
- it may mislead
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When may a trademark be declared invalid?
it has become a product name
it cointains a protected geographical region for a certain product (champagne, Feta)
Personal rights are not transmissible. Personal rights are:
Right to object to changes to the name of the work
Right to object to changes to the work
Right to object to destruction or deformation
When can a patent be declared invalid?
- The invention cannot be recreated on the information given in the patent
- the invention was made public before, then it is not 'new'
- the patent infringes on an earlier patent (held by another party)
- the patent is non-inventive
What are patent trolls?
- non-practicing entities
- They hijack/buy patents and often license them for a lot of money
How to ensure IP protection?
- register your rights
- Use IP-Clauses in your contracts
- Evidence is key; Date your work
- You can always go to court if you have a serious claim
The question on the page originate from the summary of the following study material:
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