Common law protection of intellectual property
8 important questions on Common law protection of intellectual property
Overlap van copyright and trade mark
Designs can typically be protected by both a copyright and a design right à Unité de l’art
Designs are also often protected by a trade mark.
Advantage of non-Community design rights and most Community design rights: registration
Requirement - copy right and trade mark
individual character
Requirement individual character
The overall impression the design produces on the informed user should differ from the overall impression produced on such a user by any design which has already been made available to the public.
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Registrered designs - requirements
inventive step
industrial application
Reuirements - inventive step
It must involve an invention or creative concept.
Ratio behind this is avoiding common, general knowledge to be monopolised.Criterion EPO (European Patent Office):
It is not obvious to a person skilled in the art
Requirements - industrial application
useful of practical arts
it does not necessarily imply the use a machine or manufactures
The patent holder is allowed to?
Use the invention
Licence this right to another person or distribute it over a number of other people
Sell or otherwise transfer the patent
How long does a patent last?
Usually twenty (20) years, counting from the filing date. Not renewable(unless medical or plant protection products)
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
