Fichas
IP
Fichas del conjunto (32)
- 1What is Intellectual property?Intellectual property rights are the rights given to persons over the creations of their minds.
- 2Does IP protect any idea?No...IP protects only concrete, implementable ideas;
IP cannot protect abstract ideas; - 3what are different forms of IP?Patent
Copyright
Trademark
Geographic indicators - 4What is a Patent?exclusive right granted for an invention - product or process that provides a new way of doing something;
- 5why is a patent called exclusive right?patent provides protection to the patent owner for a period of 20 years to the exclusion of others;
- 6What are the different aspects of protection strategy that must be ensured in a Patent application?1) Spectrum : from generic to specific
2) Application:
3) Field
4) Market : device a strategy based on countries that are potential markets and file patents in those countries - 7What is licensing of patent?Patent holder grants licence of the patent to another person/company to develop products based on the patent;
this can be a revenue model; - 8Is patent filed in one country valid in another?Np. Patent rights are territorial
- 9What are copyrights?protects Idea / expression; Originality; modicum of creativity;
protects the creators for their:
literary/dramatic/artistic/musical/cinematographic/photographic/sound-recording ; - 10Are copyrights territorial?No..under Berne convention, Copyrights are protected across geographies;
- 11In a software program, which can be copyrighted? Code or AlgorithmAlgorithm can be patented;
Code needs to be copyrighted; - 12How long do copyrights last?60 years after the life of the author;
- 13Idea and Expression: CopyrightCopyright => where Idea ends and expression begins
- 14Can copyright be licensed?Yes;
Example:
Software licensing - 15Give different ways in which software can be licensed?Propreitory licensing
Open source
Hybrid : combination of Prop.
+ Open source - 16What is a trademark?distinctive sign (sound/smell/logo/names) that identifies certain goods or services produced by an individual or a company
- 17A particular trademark is not registered ; does protection exist?Trademark protection exists even if not registered;
However , it is recommended to register a trademark as protection would be stronger; - 18what is the term of protection for a trademark?Perpetual protection
- 19Describe the protection ladder levels in trademark naming?Fanciful- example : Tinder - (does not exist in dictionary) - dating app
Arbitrary - Tiny owl
Suggestive - urban clap => link between name and business they are into;
Descriptive - News Stand
Generic -App Store - 20What are different modes of trademark licensing?brand licensing - licence the brand name
merchandising - create a product of a brand - Ex., Adidas T-shirts-
Franchising - help set up a business and its running - Ex., Subway - 21What is trade-secret?A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers.
- 22What protection is available for Trade secrets?Trade-secrets cannot be protected;
- 23What are different forms of trademark licensing?Knowhow (What works / does not work)
Data
Technology - 24Can trade-secrets be licensed?Yes;
- 25advantage and disadvantage of trade-secret LicencingThe advantages include the ability to leverage business resources. Hence, by adding licensee's resources for a particular business operation to its own operation, a licensor can enter markets that it otherwise would not have hoped to serve.
enhance the trade secrets and trade name of a company licensing the trade secrets
Disadvantage :
loss of exclusive control over trade secret information;
potential for leakage of trade secrets; - 26What is a license?a permit from an authority to own or use something, do a particular thing, or carry on a trade
- 27What are different forms of Licenses?Exclusive : if I give an exclusive license, even I cannot sell the product;
Non-exclusive : License can be granted to 10 different people
Sole: Licence holder / User can both sell the product - 28What is Royalty?A royalty payment is made to the legal owner of a property, patent, copyrighted work or franchise by those who wish to make use of it for the purposes of generating revenue or other such desirable activities.
- 29What are different types of Royalty?Lumpsum : one-shot payment
Fixed : Fixed payment and Duration
Running : runs against the acativity ; (Example Rs per Installation) - 30What are important clauses in License agreement?Recitals:
Recitals refer to the "whereas" clauses that precede the main text of a contract. They provide a general idea about the contract to its reader such as, what the contract is about, who the parties are, why they are signing a contract.
Definitions : define the terms;
Grant : what is being granted as part of the license
Royalty :
Term & Termination: The term of a contract is the period of time for which the contract is valid. It means the same as the duration of the contract. The term of contract is usually stated at the beginning of a written contract. However, it is also often mentioned again in the termination clause.
Termination clause: Almost all contracts contain a clause that specifies the circumstances under which a contract can be brought to an end before the agreed expiry date.
Termination can occur by :
agreement;
breach;
insolvency of a party - 31What is Industrial Design?refers to ornamental or aesthetic aspects of an article;
(3D- surface, 2D patterns/ line / color)
Industrial design is about the aesthetic aspects of an article and its protection does not cover the technical aspects of the design ; - 32Do industrial design need to be registered?yes;
protection exists for 5 years ;
extendable up to 15 years;
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- asd (IP) business law Fichas sobre IP, creado por mukundcs76 el 10/12/2015.
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- mukundcs76
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