Intellectual Property and Trademarks Flashcards (56 cards)

All cards

1Question

What distinguishes tangible assets from intangible assets?

Answer

Tangible assets are physical items; intangible assets are non-physical sources of value.

2Question

What does an intellectual property right protect?

Answer

An intangible object.

3Question

Into which two categories is intellectual property usually divided?

Answer

Industrial property and copyright and related rights.

4Question

What can intellectual property rights generally allow their holders to do?

Answer

Transfer or license exclusive rights.

5Question

What balance does intellectual property law seek to achieve?

Answer

A balance between private rights and societal interests.

6Question

What does the legal term copyright describe?

Answer

Rights creators have in literary, artistic, and scientific works.

7Question

What does copyright protect instead of an underlying idea or knowledge?

Answer

The particular expression of an idea that meets protection conditions.

8Question

What must a copyright-protected expression demonstrate?

Answer

Originality as an expression of the author’s intellectual creation.

9Question

What may an author do when creating a copyright-protected work?

Answer

Draw inspiration, but not copy.

10Question

What interests do copyright economic rights protect?

Answer

Economic interests.

11Question

What happens to copyright moral rights when economic rights are transferred?

Answer

Moral rights remain with the author.

12Question

What is an invention?

Answer

A new solution to a technical problem, which may itself be old or new.

13Question

What qualities must an invention have to be patentable?

Answer

Novelty, inventiveness, non-obviousness, and industrial applicability.

14Question

What does patent protection require in exchange for granting protection?

Answer

Disclosure of a specification of the invention.

15Question

How long does patent protection last in many countries?

Answer

Twenty years.

16Question

What happens when a patented invention enters the public domain?

Answer

Patent protection ends.

17Question

What makes information a trade secret for a business?

Answer

It is commercially valuable because it is kept secret.

18Question

What three conditions must information meet to qualify as a trade secret?

Answer

It must be commercially valuable because it is secret, known only to a limited group, and protected by reasonable steps.

19Question

What aspects of a product does an industrial design protect?

Answer

Its aesthetic or ornamental appearance and feel.

20Question

What two conditions must industrial designs meet?

Answer

They must be new and differ from existing designs.

21Question

Where must an industrial design application be filed for registration?

Answer

With the relevant national or regional intellectual property office.

22Question

What does a geographical indication identify on a product?

Answer

A specific geographical origin associated with particular qualities or reputation.

23Question

What is a trademark?

Answer

A sign that distinguishes one enterprise’s goods or services from those of other enterprises.

24Question

What qualities must a trademark satisfy to be registrable?

Answer

It must be distinctive and not generic, descriptive, or deceptive.

25Question

How must a trademark differ from another trademark?

Answer

It must not be identical or confusingly similar.

26Question

How long does trademark registration last before renewal?

Answer

Ten years, with indefinite renewal possible.

27Question

What does a registered company name officially identify?

Answer

A legal entity.

28Question

What does a commercial name identify and distinguish?

Answer

A business in its commercial activities, distinguishing it from competitors.

29Question

What is a domain name?

Answer

The registered name identifying a website’s address.

30Question

What legal basis protects registered company, commercial, and domain names?

Answer

Tort law, particularly unfair competition.

31Question

How can many people use a non-rival idea simultaneously?

Answer

Without exhausting it or reducing its quality.

32Question

What makes it difficult to prevent ideas from being appropriated and reproduced?

Answer

Their intangibility.

33Question

In Magritte’s “Ceci n’est pas une pipe,” what is the copyrighted work?

Answer

The visual composition of the pipe image and its caption.

34Question

Which organization’s 1967 convention lists protected intellectual property subject matter?

Answer

The World Intellectual Property Organization (WIPO).

35Question

Which work established WIPO in 1967?

Answer

The Convention Establishing the World Intellectual Property Organization.

36Question

Which organization administers the Paris and Berne Conventions?

Answer

WIPO.

37Question

What three aspects distinguish different intellectual property rights?

Answer

Protected subject matter, protection requirements and duration, and the nature of the rights granted.

38Question

How long does copyright generally last after the author’s death?

Answer

70 years.

39Question

What does the course identify as limits on copyright protection?

Answer

Fair use exceptions.

40Question

Which subject matter is excluded from patentability?

Answer

Scientific theories, mathematical methods, plant or animal varieties, natural-substance discoveries, medical-treatment methods, and inventions barred for public-interest reasons.

41Question

What do patents widely protect?

Answer

Technical inventions, including new products and processes that provide technical solutions to problems.

42Question

What commercial information can qualify as a trade secret?

Answer

Distribution methods, supplier and client lists, and advertising strategies.

43Question

What technical information can qualify as a trade secret?

Answer

Manufacturing processes, pharmaceutical test data, designs, drawings, and computer programs.

44Question

Which measures can businesses use to protect trade secrets?

Answer

Confidentiality agreements and robust IT security infrastructure.

45Question

Which types of confidentiality agreements can businesses use to protect trade secrets?

Answer

Non-disclosure agreements and non-compete agreements.

46Question

What is the initial protection period for a registered design in France?

Answer

Five years from filing.

47Question

What is the maximum protection period for a registered design in France?

Answer

Twenty-five years, through five-year renewals.

48Question

What natural factors can contribute to a geographical indication?

Answer

Local soil and climate.

49Question

When does a registered geographical indication remain in force?

Answer

Until its registration is cancelled.

50Question

Which forms can trademark signs take?

Answer

Words, designs, letters, numerals, slogans, colours, sounds, and gestures.

51Question

What principle determines priority in trademark registration?

Answer

The first-come-first-served principle.

52Question

Who may use a trademark sign?

Answer

Only the trademark owner.

53Question

How can trademarks help customers identify goods and services?

Answer

They can indicate their nature and quality.

54Question

How does the course describe protection for commercial names versus domain names?

Answer

Commercial names are protected through use, while domain names are registered.

55Question

When may registered company, commercial, and domain names be protected in France?

Answer

When similar signs for similar activities create a risk of confusion.

56Question

What limits the geographical scope of domain-name protection in France?

Answer

The relevant geographical area.

Test yourself with the quiz

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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Go over the full study guide for Intellectual Property and Trademarks.

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