Karteikarten
media law
Karten in diesem Stapel (58)
- 1original goal of the European economic communitycreate a free area with the aim of abolition of customs duties and quotas for the six original members
- 2four fundamental freedoms set out in treaty of romegoods
capital
services and of establishment
workers - 3how many member states does EU have28 member states
- 4Legislative acts of EU comes in two forms, what are they?-regulations: become law in all member states and automatically override domestic provisions
-directives: need to be implemented into national law, require member states to achieve certain results, but up to the discretion of each member - 5which three institutions form the EU's legislature?European parliament
council of EU
the commission - 6what is role of the European council?define general political direction and priorities of EU, no formal legislative power, only deals with major issues
- 7European Council is not...Council of the EU
- 8what is the task of the council of the EUhalf of EU's legislature with one government representative from each state, has control over budget
- 9what are tasks of European Commission?responsible for initiating EU policy and legislation by making recommendations to the council
executive arm
union watchdog - 10Give three examples of rights that are protected by the ECHRright to life
right to fair hearing
right to respect for private and family life - 11what does the ECHR convention prohibit in particulartorture, forced labor, discrimination of exercising rights
- 12levels of protection by ECHR, what are the spheres?individual, private, intimate
- 13distance contractcontract concluded b/w trader and consumer, under organized distance sales or service provision scheme without physical presence of trader and the consumer
- 14off premises contractsales away from a company's premises such as in the street or doorstep
- 15what are pre-ticked boxes on website? example. are they allowed by Consumer rights directive?being offered additional options during purchase process (travel insurance, car rental)
consumers still have to untick these boxes - 16Consumer rights directive provides the right to withdraw from a distance or off-premise contract within certain period. what is it and how longyes it means consumers can return the goods for whatever reason if they change their minds when bought, up until 14 calendar days
- 17is there extra protection for lack of information?not informing consumers of their right to withdraw extends the period to one year
- 18what is a patent?right granted to an inventor by gov. allowing inventor to exclude anyone else from commercially exploiting his invention for a period up to 20 years
- 19what are the requirements for an invention to receive a patent?industrial application - must have practical use or capabilities
Novelty - show some new characteristic that is not known in its technical field - 20how long is patent granted for and what happens when it expiresusually 20 years, after that becomes a public domain and patentee no longer holds exclusive rights
- 21what is protected by the utility model?small-scale inventions with protection from 6-10 years
- 22what is a trademarksign which distinguishes the goods and services from one enterprise to another
- 23what is a service marktrademark used in connection with services
- 24a trademark right might be established in two ways, what are theyactual use in the marketplace
registration of mark with the trademark's office - 25owner of trademark has exclusive right to his mark, what is the proprietor entitled to prevent?all third parties who do not have consent from using in the course of trade (same or similar designs for identical or related goods/services)
distinctiveness of trademark to avoid likelihood of confusion - 26how often can a trademark be renewed ?can be renewed indefinitely on payment of fees
- 27trademark is a sign, or combination of signs distinguishes one company from another, of what may the sign consist? give three exampleswords, letters, numbers, pictures, shapes and colors
lacoste, coco-cola, mcdonalds - 28what is the characteristic of the EU trade mark?single application
submitted one office- central office
valid in all EU member states co-existing with national trademarks - 293 advantages of the EU trade markone single application
lesser cost in grouped sum
union wide action - 30a sign may be not registered as EU trademark if an absolute grounds for refusal applies. name three examples why this might happendevoid of distinctive character
become customary in current language or bonefide in established practices of trade
contrary to public policies or principles or morality - 31on what principle is domain names registered?first come, first serve
- 32how can domain names registrations be legally challenged?in regular court
- 33what names should not be used when choosing a domain name ?trademarks, company names ,names of celebrities, names of cities, names of institutions, names of books, newspapers, films- anything already published or copyrighted
- 34what are the advantages of the Alternative dispute resolution (ADR) compared to court action?faster
cheaper
and more convenient that traditional court case - 35what are the requirements for protection for a national registered design right in EUnovel
individual character
registered at the national office - 36how long can a registered design have legal protection from the European Directivemaximum 25 years
- 37European Council - 6/2002 created two community design rights, what are theyunregistered
registered - 38in which territory is a community design protectedunitary right has equal effect across the European Community
- 39what is a grace perioddesigner can apply for protection up to ONE year against registration, to have the ability to test the products
- 40what is the characteristic feature of the protection granted to an unregistered Community design?short term, and 3 years from date when first made available to EU public
- 41what are the requirements for unregistered community design to be protected?novelty
individual character
available to the public within the EU - 42why is a copyright a limited monopoly?limited in time (life + 70 years)
limited by expectations made by law - private copes, quotations - 43what is the basic concept of a copyright case?is there a copyright infringement? (is the work protected?)
is the copyright infringed (relevant use)
justification of infringement? (licenses, exceptions, limitations by law)
remedies for infringement - 44what are the common requirements for copyright protection?man made
certain form
creativity and individuality - 45how long is copyright protected? what applies in the case of joint authorship?yes life + 70 years
in joint authorship- life of last author + 70 years - 46which two kinds of rights are granted by copyright?- moral rights protect the personality of the author, this is not harmonized in the EU
-economic rights allowing the author to exploit his/her economic interest in works created (partly harmonized) - 47why were the postcards forbidden that showed Christo's and Jean Claude's wrapped Reichstag?the wrapped Reichstag is a copyright protected work of art
Making postcards infringes the reproduction right and distribution right of the copyright holder
No exception, it is not a permanent work
The selling of postcards will be forbidden, and infringer has to pay damages - 48what is another name of neighboring rights? to which are they similar?related rights and similar to author rights but are connected with the work of actual author
- 49Performer's neighboring right, give a definition of performers. can a company be protected by the performer's neighboring rights?performers are actors, singers, musicians, dancers and other persons who act, sing, deliver or interpret content
No, only individual persons are protected as performers - 50Performers rights are close to copyright protection. what are the two kinds of rights do they include?-exclusive economic rights - to the protection of the fixed performance
-moral rights granting performers attribution right and right of integrity - 51who is the owner of a database? can a company be an owner?owner is person who took initiative and the risk of investing in the creation of the database
database produced by employees of a company that belongs to that company - 52the law of unfair competition is partly harmonized in the EU. which issues are harmonized through directives?misleading advertising
comparative advertising
unfair commercial practices (only b2c) - 53comparative advertising is allowed, but only if it is not misleading and meets a number of other conditions, what are they?like for like basis
objective comparison
not create confusion in market
not exploit reputation of trademark, etc.
not discredit or denigrate
not present goods or services as imitations - 54Leading case of German Supreme Court called, Resignation of the Minister of Finance. Briefly summarize1999, Oskar Lafontaine resigned his post as Germany's Minister of Finance under Schroder due to bad team play in Gov.
After resignation, the defendant SIXT, car leasing company, published a large ad in one of germany's leading newspapers "Frankfurter Allgemeine Zeitung" - 55What was the problem with the ad?The AD showed pictures of 16 members of the Federal Government, including Lafontaine, who's picture was crossed out but still recognizable, Below ad stated sixt also leases cars to employees on probation period. Claimant demanded damages of 250.000 for unauthorized use of picture
- 56What were the findings?Principle- Publication, distribution of a person's image requires consent, exemption is made for people in current affairs. Here LaFontaine is involved in public discussion about his resignation.
- 57however, what should a well-known person in current affairs not generally tolerate?not tolerate use of image for thirdparty advertising purposes, a balancing of interests may lead to the result that the use in the ad that satirically deals with a current event is permitted
- 58does the advertisement give the impression that Mr. Lafontaine was paid for it?NO, no infringement
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- Karteikarten am media law , erstellt von Anastasia Christenson am 05/07/2017.
- Erstellt von
- Anastasia Christenson · Jul 2017
- Aktualisiert
- 5 Jul 2017
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