Intellectual Property Lecture Notes Flashcards

A set of vocabulary flashcards covering key concepts, durations, laws, and international treaties in Intellectual Property based on the lecture pages.

Passing-off (Proof Requirements)

To succeed in a passing-off action, the owner must show reputation in the mark or get-up, confusion in the market place, and that the owner has suffered damage.

Integrity right (quyền bảo toàn toàn vẹn sản phẩm)

A moral right that protects against unauthorized changes, additions (such as adding words to a song), or distortions that are prejudicial to the author's honor or reputation.

Goodwill

The benefit and advantage of the good name, reputation, and connection of a business, often generated through the use of a mark even if it was unregistrable or unregistered.

Paternity right

The right for the creator of a literary, artistic, dramatic, or musical work to be named as the author; it is infringed if a work is referred to without naming the author.

False attribution right (UK Law)

A moral right that protects against having a work falsely attributed to a creator; according to UK law, this right lasts for the life of the creator plus a further $20$ years.

Trade dress

Features including the unique design, particular color of products, and the color of packaging used to signify the source of the goods.

Public domain

Refers to works that are not protected by copyright, such as those where copyright has expired or was never applicable.

Licensing

The permission granted by an IP owner to another party to perform specific acts covered by exclusive rights within a designated area and for a particular time.

Collective trade mark

A mark that indicates the user is a member of a trade association which owns the mark.

Certification trade mark

A mark used by persons other than the owner to certify the region, materials, mode of manufacture, quality, or other characteristics of specific goods or services.

Primary copyright infringement

Acts such as copying the material without permission, translating a work, adapting a work, or performing it in public without consent.

Secondary copyright infringement

Possessing, trading, or importing infringing copies into the UK for commercial purposes while having reason to believe the material is unauthorized.

Fair dealing

A statutory permission or exception to copyright infringement allowing the public to use copyrighted material for purposes like criticism, review, or research, provided the use is fair.

Commonplace

A standard used in design right indicating that a design is not original within the specific design field.

UDRP (Uniform Dispute Resolution Procedure)

An international mechanism run by WIPO to resolve disputes regarding domain names and their potential conflict with trademarks.

Duration of economics right in films (Vietnam law)

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

Registered design registration period (UK)

Initially lasts for $5$ years from the application date and can be kept in force for four subsequent periods of $5$ years ($25$ years total) if renewal fees are paid.

Design right (UK law)

A right that applies to the shape or configuration of a tangible three-dimensional article, introduced by the Copyright, Designs and Patents Act 1988.

Trademark (Cancellation by non-use per TRIPS)

According to TRIPS, a registered mark can be cancelled if it is not used for at least $3$ years.

Individual character

A requirement for registered designs where the design produces an overall impression on an informed user that differs from the impression produced by earlier designs.

Lump-sum payment

A pre-calculated amount for intellectual property use paid once or in installments.

Royalty

Post-calculated, recurring payments for IP use determined by economic results like sales or profits.

Paris Convention 1883

An international treaty for the protection of industrial property, including patents, trademarks, and industrial designs.

Bern Convention 1886

An international treaty for the protection of literary and artistic works, governed by principles such as national treatment and independence of protection.

Must-fit exception

An exclusion from design protection for features of a product dictated by the functional requirement to fit or connect to another product.

Must-match exception

An exclusion from design protection for replacement parts that must match the original design of a product, such as car body parts.

Duration of database right (UK law)

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

Adversarial litigation

A litigation model where each party argues their case (often orally) and the judge decides which side has the better argument.

Inquisitorial litigation

A litigation model typically found in civil law systems where the court is involved in investigating the facts of the case.

Exclusive license

A license where the IP owner promises not to compete with the licensee and not to grant other licenses in the same field.