Flashcards in Intellectual Property Deck (74)
changes in marketing practises and IP
-Use of imagery and associations with brands in marketing activities (sponsorship, product endorsement)
-"image-based"industries (character and personality merchandising)
-Brand v Brand competition
Active Q: Why do we have intellectual property law protection?
Figure it out
AQ: What are the elements that a pursuer must establish to constitute the action of Passing Off?
AQ: What is a trade mark? Summarise the procedures to successfully register a Trade Mark and explain the advantages for doing so
Revision is the key
AQ: Who is entitled to copyright protection
AQ: What types of works are protected (copyright)
Know by heart
AQ: Copyright law gives the owner the right to do what?
Under copyright law copyright owners also have the exclusive right to prepare derivative works based upon the work as well as the right to: Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
AQ: What are the moral rights
AQ: What defences are available to someone accused of copyright infringement?
• You can use for educational purposes
• News support or criticism
• Accidental inclusion
• Investigation for government
• Anything recorded for later viewings (time shifting)
• Producing for backup for personal computer
nonprofitable organisations don’t need to pay for music rights
AQ: What are the basic criteria in determining the patentability of an invention?
Must be new and must be for commercial use and must be a market
AQ: What are the basic types of patent claims?
1) Independent claims which stand on their own
2) The dependant claim which depends on a single claim or on several claims and generally express particular embodiments as fall-back positions
3) Product claim - physical entity, product or material or an apparatus
4) Process claim - how the product is used or processed
What does common law confidence mean?
Breach of confidence intellectual property, also referred to as the law of confidence, is used to protect confidential information, like registered designs and patents, by keeping people who have obtained the information in confidence from using it to benefit while damaging the person or organization that shared the information. When seeking action against someone for breach of confidence, the main goal of the person filing the claim is to stop the other person from sharing confidential information that's of value to the one pursuing the action.
Name of the Jif lemon juice case
Reckitt & Coleman Products v Borden Inc 1990