Law Notes: Trade Marks, Data Protection, Copyright, Passing Off, Patents, Commercial Activity Online

This set of flashcards covers key concepts and vocabulary related to trade marks, data protection, copyright, passing off, patents, and commercial activity online based on the lecture notes.

Trade Mark

A distinctive mark or symbol associated with a particular category of goods or services.

Trade Marks Act 1996

Governing legislation for trade marks in Ireland.

Distinctiveness

A characteristic required for a mark to be registered as a trade mark.

Passing Off

A tort where one party misrepresents their goods or services as those of another.

Registration Duration

The duration of a registered trade mark is 10 years, which can be extended.

Infringement Proceedings

Legal actions taken against unauthorized use of a registered trade mark.

Sufficiently Distinctive

A requirement for a trade mark to be registered, meaning it must be unique and notable.

E-Privacy Regulations

European regulations that protect the privacy of individuals' communications, including cookies.

Data Protection Act 1988

The primary legislation in Ireland governing the processing of personal data.

GDPR

General Data Protection Regulation, a law on data protection and privacy in the EU.

Data Controller

A person or entity that determines the purposes and means of processing personal data.

Data Processor

A person or entity that processes data on behalf of the data controller.

Personal Data

Any information relating to an identified or identifiable natural person.

Cookies

Small text files stored on a user’s device to collect data for various website functions.

Copyright

The exclusive right to copy, use, and deal with certain works, such as books and music.

Infringement of Copyright

Occurs when someone uses a copyrighted work without permission.

Patent

The exclusive right to use and deal with a registered invention.

Novelty in Patents

An invention must not have been publicly disclosed before the application.

European Union (Consumer Information, Cancellation and other Rights) Regulations 2013

Regulations providing rights to consumers in distance contracts.

Consumer Rights Act 2022

Legislation that includes new requirements for consumer goods and services.

Digital Markets Act

A regulatory framework governing large digital platforms to ensure fair competition.

E-Commerce Act 2000

Legal framework governing electronic commerce in Ireland.

Transparent Processing

Requirement for data controllers to provide clear information on data processing.