IP Law Lecture Practice Flashcards

A set of 428 vocabulary flashcards covering intellectual property laws, including copyright, trademarks, designs, and patents in the UK, Vietnam, and international frameworks.

Passing-off

The act of a competitor selling goods or services as if they originated with the owner by using identical or similar marks or get-ups.

Reputation in the mark

One of three things an owner must show to stop passing-off; proves the mark or get-up has been used long enough to generate fame.

Confusion in the marketplace

A requirement for proving passing-off where the public is misled about the origin of goods or services.

Integrity right

A moral right, also known as 'quyền bảo toàn toàn vẹn sản phẩm', which prevents the unauthorized modification of a work, such as adding words to a song.

Unregistered trade mark protection

Requires the mark to be both distinctive for the goods or services and to have an established reputation.

Goodwill (UK Law)

Generated when a mark is used, regardless of whether the owner decided not to register it or if it is unregistrable under the Trade Marks Act 1994.

Trade Marks Act 1994

The UK legislation that sets the requirements for trade mark registration and defines unregistered goodwill.

Paternity right

An author's right to be named as the creator of a work; infringed when an article is used without naming the author.

Kastenholz vs OHIM [2013]

A case where the Board of Appeal dismissed an invalidity declaration because the contested design possessed individual character and was not a reproduction.

False attribution right (UK duration)

Under UK law, this right lasts for the life of the creator plus a further $20$ years.

Independent creation defense

In registered design disputes, if the defendant proves independent creation, it is only an infringement if the owner shows copying occurred.

Public performance right

A copyright holder's right to control the performance of their work in public spaces, not applicable to private parties with friends.

Civil remedies

Legal solutions for IP infringement including delivery-up, compensatory damages, punitive damages, and account of profits.

Economic rights duration for films (Vietnam)

Lasts for $75$ years from the end of the year in which the film was created.

Design law components

Includes registered designs and design rights, while trade mark rights are generally regarded as separate.

Artistic copyright exclusion (UK)

Under UK law, a fully prepared text or note in shorthand is not protected by artistic copyright but rather literary copyright.

Design Registry certificate

The point at which the owner of a registered design has the right to start proceedings for infringement.

Surface decoration protection

Decoration on items like a coffee mug is protected by registered designs rather than design right.

Trade dress

A unique design and particular color combination for products and packaging, such as those used by Cellupro.

Suspension of release (UK Customs)

Requires the applicant to provide evidence of prima facie infringement, a detailed description of goods, and security to prevent abuse.

Unregistered mark reputation proof

The owner must prove the mark is distinctive and shows a trade connection with a particular business.

Damage requirement (UK Trade Mark)

The owner must show a high risk of loss of business arising from confusion to satisfy this requirement.

Design right article protection

Protects internal features of an article even if they cannot be seen, whereas registered designs focus on exterior appearance.

Registrable trademark exclusions

Generic names of goods cannot be registered as trademarks.

Broadcast program related right (Vietnam)

Lasts for $50$ years from the year the program is released to the public.

TRIPS cancellation for non-use

A mark can be cancelled if it is not used for $3$ years after registration.

Public domain definition

Refers to any works not protected by copyright.

Express of an idea

The specific form in which an idea is manifested, which is protected by copyright while the idea itself is not.

Literary work exclusions

A bus timetable is not typically considered a literary work for copyright purposes.

Licensing

Permission to perform acts covered by exclusive rights of the owner within a specific area and time without transferring ownership.

Collective trade mark

A trademark used by members of a group or many users to indicate affiliation or standards.

Dilution

A concept in trade mark law where the value of a mark is diminished; often benefits from creating more confusion rather than less.

Registered design assemble exclusion

Does not protect designs on products like vehicle spare parts that are not seen in normal use.

Fair dealing

A legal exception to copyright infringement, often for research or education.

Copyright in sound recordings

Covers any type of record of sound, including spoken words and noises, not just music.

Customs Act 1962

An example of a law that is not considered an intellectual property law.

Vietnam Trade Mark duration

Lasts for $10$ years and can be renewed indefinitely.

Fees definition (IP)

Post-calculated, recurring payments determined by economic use such as sales or profits.

Madrid Agreement timeline

A single application must be made within $6$ months from the initial application.

Secondary copyright infringement

Activities such as possession of or dealing with infringing copies or trading illegal copies.

Fair Use

Statutory permission granted by the Copyright Act for the public to use copyrighted material for certain uses.

UDRP

Uniform Dispute Resolution Procedure; a mechanism run by WIPO to resolve domain name disputes.

Sole license

A license where the licensor affords no licenses to other persons within the contractual territory.

Computer program protection

Protected as literary works under copyright law.

Community Trade Marks (CTM)

Marks registered by the Office for Harmonisation of the Internal Market, valid throughout the EU.

Design right distinctiveness

The requirement that a design must be 'not commonplace' in the design field in question.

TRIPS objective

Sets minimum standards for intellectual property protection for all WTO members.

Bern Convention duration

Generally lasts for $50$ years after the death of the person who created the work.

Inquisitorial litigation

The litigation model often applied in countries using the civil law system.

Adversarial litigation

A model where each party argues their case orally and the judge decides based on the better argument.

Most-favored-nation (MFN)

A principle where any advantage granted to nationals of one country must be granted to all other member states.

WIPO

World Intellectual Property Organization.

Scènes à faire

Elements of a work that are obligatory or standard in a genre; not protected by copyright.

Individual character

A requirement for registered designs where the design must produce a different overall impression on an informed user.

Suggestive trade mark

A mark that suggests qualities of the product without directly describing them, such as 'Netflix'.

Fanciful mark

An invented word used as a trademark that has no meaning in language, like 'Mikka'.

Genericized trademark

When a trademark becomes representative of a broad type of product, such as 'aspirin', and the holder loses enforcement rights.

Anticybersquatting Consumer Protection Act

A US law designed to protect against the registration of domain names in bad faith.

Must-fit exception

Excludes features of a design that allow a product to fit another product from design right protection.

Must-match exception

Allows the copying of parts (like car doors) that must match the original design to maintain appearance.

Statutory instruments

Detailed rules and regulations made under Acts of Parliament in the UK legal system.

False marking

A criminal offense involving the use of an expired design registration number on products.

Flagrant infringement

Infringement so obvious or intentional that it may result in extra damages.

Nominet

The registry for .uk domain names.

ICANN

Internet Corporation for Assigned Names and Numbers; regulates domain names globally.

Semiconductor topography right

Protects the internal layers and configuration of semiconductor chips.

Individuality test

A visual test used to identify infringement of a registered design.

Lump-sum payment

A pre-calculated amount of money paid once or in installments for IPR access.

Royalty

Post-calculated, recurring payments determined by sales or profit results.

Moral rights (Vietnam)

Includes the right to attribution, the right to publish, and the right to integrity.

National Treatment Principle

Principle from the Berne Convention giving foreign authors the same rights as domestic creators.

Right of communication to the public

Allows a copyright owner to control electronic transmission of their work.

Right of distribution

Enables a copyright holder to control the sale, rental, or lending of copies.

Industrial Design Law (Vietnam)

Regulates the protection of the appearance of products in Vietnam.

Independence of protection

Berne Convention principle states protection is independent of the work's status in its country of origin.

Copyright in Software

Protects both the source code and related documentation as literary works.

Informal user

A concept used by the Design Registry to evaluate individual character; e.g., a waitress for a coffee pot design.

Unjustified threat

When a person is threatened with a lawsuit for design infringement but no infringement exists; the threatened person can sue.

Copyright Act 1957

An example of a valid copyright law mentioned in the global context.

Common Law System

The UK legal system where 'Case law' and the Doctrine of Precedent are primary sources.

Hague Agreement

International treaty concerning the registration of industrial designs.

Paris Convention 1883

The international treaty focused on the protection of industrial property (patents, trademarks).

Berne Convention 1886

The international treaty focused on the protection of literary and artistic works.

Nice Agreement

The system under which trademark goods are divided into $34$ classes.

Public interest principle

The idea that IP rights must be balanced with the welfare and interests of the general public.

Trade libel

Involves misleading advertisements or false indications of the origin of goods.

Digital scanning as copying

Considered copying because it produces a material reproduction of the original work.

Database right (UK duration)

Lasts for $15$ years from the end of the year the database was created.

Computer icons

Items protected specifically by registered design laws.

Technical drawings

Commonly protected by artistic copyright because they are drawings, maps, or plans.

ATM Machine IPR

Protected by both design rights (for appearance) and patents (for mechanical function).

Steel (trademark)

A word that can only be used in a trademark for a company that does NOT produce steel (otherwise it's descriptive).

Generic term example

'Car' for cars; cannot be registered as a trademark because it is the name of the product class.

Invented word example

'Kodak' for cameras; highly registrable because it has no inherent meaning.

Suggested trademark example

'Fruit of the Loom' for clothing.

Secondary meaning

When a descriptive mark becomes distinctive through extensive use, allowing it to be registered.

Assignment

The legal transfer of ownership of intellectual property from an assignor to an assignee.

Know-how contract

An agreement to deliver trade secrets or technical knowledge, often found in joint ventures.

Privacy right (UK)

Relates specifically to commissioner-controlled usage of private photographs.

Registering sounds or smells

Allowed under TRIPS provided they are distinctive.