Intellectual Property rights

8 important questions on Intellectual Property rights

What are the four requirements for a trade name?

  1. Must be unique within the region and line of work
  2. may not misrepresent ( you cannot name it after another person)
  3. May not be the same as a trade mark belonging to another company
  4. 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?

if it isnt used for 5 years
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 be named
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  

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