What distinguishes tangible assets from intangible assets?
Tangible assets are physical items; intangible assets are non-physical sources of value.
What does an intellectual property right protect?
An intangible object.
Into which two categories is intellectual property usually divided?
Industrial property and copyright and related rights.
What can intellectual property rights generally allow their holders to do?
Transfer or license exclusive rights.
What balance does intellectual property law seek to achieve?
A balance between private rights and societal interests.
What does the legal term copyright describe?
Rights creators have in literary, artistic, and scientific works.
What does copyright protect instead of an underlying idea or knowledge?
The particular expression of an idea that meets protection conditions.
What must a copyright-protected expression demonstrate?
Originality as an expression of the author’s intellectual creation.
What may an author do when creating a copyright-protected work?
Draw inspiration, but not copy.
What interests do copyright economic rights protect?
Economic interests.
What happens to copyright moral rights when economic rights are transferred?
Moral rights remain with the author.
What is an invention?
A new solution to a technical problem, which may itself be old or new.
What qualities must an invention have to be patentable?
Novelty, inventiveness, non-obviousness, and industrial applicability.
What does patent protection require in exchange for granting protection?
Disclosure of a specification of the invention.
How long does patent protection last in many countries?
Twenty years.
What happens when a patented invention enters the public domain?
Patent protection ends.
What makes information a trade secret for a business?
It is commercially valuable because it is kept secret.
What three conditions must information meet to qualify as a trade secret?
It must be commercially valuable because it is secret, known only to a limited group, and protected by reasonable steps.
What aspects of a product does an industrial design protect?
Its aesthetic or ornamental appearance and feel.
What two conditions must industrial designs meet?
They must be new and differ from existing designs.
Where must an industrial design application be filed for registration?
With the relevant national or regional intellectual property office.
What does a geographical indication identify on a product?
A specific geographical origin associated with particular qualities or reputation.
What is a trademark?
A sign that distinguishes one enterprise’s goods or services from those of other enterprises.
What qualities must a trademark satisfy to be registrable?
It must be distinctive and not generic, descriptive, or deceptive.
How must a trademark differ from another trademark?
It must not be identical or confusingly similar.
How long does trademark registration last before renewal?
Ten years, with indefinite renewal possible.
What does a registered company name officially identify?
A legal entity.
What does a commercial name identify and distinguish?
A business in its commercial activities, distinguishing it from competitors.
What is a domain name?
The registered name identifying a website’s address.
What legal basis protects registered company, commercial, and domain names?
Tort law, particularly unfair competition.
How can many people use a non-rival idea simultaneously?
Without exhausting it or reducing its quality.
What makes it difficult to prevent ideas from being appropriated and reproduced?
Their intangibility.
In Magritte’s “Ceci n’est pas une pipe,” what is the copyrighted work?
The visual composition of the pipe image and its caption.
Which organization’s 1967 convention lists protected intellectual property subject matter?
The World Intellectual Property Organization (WIPO).
Which work established WIPO in 1967?
The Convention Establishing the World Intellectual Property Organization.
Which organization administers the Paris and Berne Conventions?
WIPO.
What three aspects distinguish different intellectual property rights?
Protected subject matter, protection requirements and duration, and the nature of the rights granted.
How long does copyright generally last after the author’s death?
70 years.
What does the course identify as limits on copyright protection?
Fair use exceptions.
Which subject matter is excluded from patentability?
Scientific theories, mathematical methods, plant or animal varieties, natural-substance discoveries, medical-treatment methods, and inventions barred for public-interest reasons.
What do patents widely protect?
Technical inventions, including new products and processes that provide technical solutions to problems.
What commercial information can qualify as a trade secret?
Distribution methods, supplier and client lists, and advertising strategies.
What technical information can qualify as a trade secret?
Manufacturing processes, pharmaceutical test data, designs, drawings, and computer programs.
Which measures can businesses use to protect trade secrets?
Confidentiality agreements and robust IT security infrastructure.
Which types of confidentiality agreements can businesses use to protect trade secrets?
Non-disclosure agreements and non-compete agreements.
What is the initial protection period for a registered design in France?
Five years from filing.
What is the maximum protection period for a registered design in France?
Twenty-five years, through five-year renewals.
What natural factors can contribute to a geographical indication?
Local soil and climate.
When does a registered geographical indication remain in force?
Until its registration is cancelled.
Which forms can trademark signs take?
Words, designs, letters, numerals, slogans, colours, sounds, and gestures.
What principle determines priority in trademark registration?
The first-come-first-served principle.
Who may use a trademark sign?
Only the trademark owner.
How can trademarks help customers identify goods and services?
They can indicate their nature and quality.
How does the course describe protection for commercial names versus domain names?
Commercial names are protected through use, while domain names are registered.
When may registered company, commercial, and domain names be protected in France?
When similar signs for similar activities create a risk of confusion.
What limits the geographical scope of domain-name protection in France?
The relevant geographical area.
Answer 23 questions on Intellectual Property and Trademarks.
1. Which classification correctly distinguishes a warehouse from a company’s brand?
2. A patented design is incorporated into thousands of manufactured products; what does the intellectual property right protect?
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