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Questions and Answers
What is the duration of protection of related rights under the Rome Convention?
What is the duration of protection of related rights under the Rome Convention?
Which of the following is NOT considered a related right?
Which of the following is NOT considered a related right?
What is the primary requirement for a work to be protected by copyright?
What is the primary requirement for a work to be protected by copyright?
Which of these works may NOT be protected by copyright?
Which of these works may NOT be protected by copyright?
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Which international agreement stipulates that computer software is protected as literary works?
Which international agreement stipulates that computer software is protected as literary works?
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Which of the following is TRUE regarding copyright protection for software?
Which of the following is TRUE regarding copyright protection for software?
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Which aspect of software is NOT protected by copyright, but may be eligible for patent protection?
Which aspect of software is NOT protected by copyright, but may be eligible for patent protection?
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Which of these works is specifically mentioned as potentially NOT being protected by copyright, even though it could be in theory?
Which of these works is specifically mentioned as potentially NOT being protected by copyright, even though it could be in theory?
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What do intellectual property rights (IPRs) primarily transform?
What do intellectual property rights (IPRs) primarily transform?
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Which of the following is NOT categorized as an intellectual property right (IPR)?
Which of the following is NOT categorized as an intellectual property right (IPR)?
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What does the enforcement of IPR primarily depend on?
What does the enforcement of IPR primarily depend on?
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Which of the following strategies does NOT reflect a defensive use of IPRs?
Which of the following strategies does NOT reflect a defensive use of IPRs?
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How does the WTO TRIPS Agreement influence IPRs?
How does the WTO TRIPS Agreement influence IPRs?
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What is a potential drawback of the national nature of IPRs in a globalized trade environment?
What is a potential drawback of the national nature of IPRs in a globalized trade environment?
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What is a key benefit of IPRs for small and medium enterprises (SMEs)?
What is a key benefit of IPRs for small and medium enterprises (SMEs)?
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What does the concept of 'ambush and mines' in IPR strategy refer to?
What does the concept of 'ambush and mines' in IPR strategy refer to?
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Which of the following are considered new borders of Intellectual Property rights, as mentioned in the text?
Which of the following are considered new borders of Intellectual Property rights, as mentioned in the text?
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What is the primary purpose of patents, according to the text?
What is the primary purpose of patents, according to the text?
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What is the main difference between a "blocking patent" and a "business method patent"?
What is the main difference between a "blocking patent" and a "business method patent"?
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Why is it important to consider the context and trademark when analyzing intellectual property rights?
Why is it important to consider the context and trademark when analyzing intellectual property rights?
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Which of the following is NOT a benefit of obtaining a patent, as described in the text?
Which of the following is NOT a benefit of obtaining a patent, as described in the text?
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What is the main advantage of a short-term patent compared to a traditional patent?
What is the main advantage of a short-term patent compared to a traditional patent?
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What is the main difference between a patent and a copyright?
What is the main difference between a patent and a copyright?
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What is the significance of interdisciplinary and inter-organizational cooperation in the context of Intellectual Property?
What is the significance of interdisciplinary and inter-organizational cooperation in the context of Intellectual Property?
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What is one exception that allows a patented product to be made without infringing the patent?
What is one exception that allows a patented product to be made without infringing the patent?
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What must the patent owner prove regarding the timing of the prohibited act?
What must the patent owner prove regarding the timing of the prohibited act?
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Which of the following is NOT a method by which a patent owner can exploit their invention?
Which of the following is NOT a method by which a patent owner can exploit their invention?
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In which of the following scenarios is the patent law effective?
In which of the following scenarios is the patent law effective?
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Which form of license is granted by the government due to public interest?
Which form of license is granted by the government due to public interest?
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What is required to prove that an infringement relates to a patent's scope?
What is required to prove that an infringement relates to a patent's scope?
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What can the patent owner utilize in cases of intentional infringement?
What can the patent owner utilize in cases of intentional infringement?
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Which type of infringement is described as occurring accidentally?
Which type of infringement is described as occurring accidentally?
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What must be true about the product for it to be included in the infringement claim?
What must be true about the product for it to be included in the infringement claim?
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Which of the following is a valid reason for issuing a voluntary license?
Which of the following is a valid reason for issuing a voluntary license?
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Which option describes a scenario that could potentially be patented?
Which option describes a scenario that could potentially be patented?
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Which item is specifically mentioned as not being patentable?
Which item is specifically mentioned as not being patentable?
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What major concern is highlighted regarding the authenticity of information on the internet in relation to prior art?
What major concern is highlighted regarding the authenticity of information on the internet in relation to prior art?
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What complication arises from the patent protection being country-specific in the context of the internet?
What complication arises from the patent protection being country-specific in the context of the internet?
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What concept is added in some countries regarding the assessment of prior art in the computer environment?
What concept is added in some countries regarding the assessment of prior art in the computer environment?
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How does the document characterize the nature of change in various sectors?
How does the document characterize the nature of change in various sectors?
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What issue arises concerning the definition of 'using' a patented product in the context of the internet?
What issue arises concerning the definition of 'using' a patented product in the context of the internet?
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What aspect of computer programs was highlighted regarding their patentability?
What aspect of computer programs was highlighted regarding their patentability?
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What is the primary role of the licensor in a license contract?
What is the primary role of the licensor in a license contract?
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Which of the following best describes a consultancy agreement?
Which of the following best describes a consultancy agreement?
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In the context of a license contract, what might limit the licensee's activities?
In the context of a license contract, what might limit the licensee's activities?
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What kind of agreement typically combines the licensing of a mark with the provision of know-how?
What kind of agreement typically combines the licensing of a mark with the provision of know-how?
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Which of the following is included in tangible communication methods?
Which of the following is included in tangible communication methods?
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What distinguishes the equity joint venture from other types of agreements?
What distinguishes the equity joint venture from other types of agreements?
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What is a key characteristic of turn-key projects?
What is a key characteristic of turn-key projects?
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How is know-how primarily communicated in a contractual relationship?
How is know-how primarily communicated in a contractual relationship?
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Flashcards
What is the role of IP in society?
What is the role of IP in society?
Intellectual Property Rights (IPRs) transform knowledge into valuable assets. They are essential for societal organization and economic growth.
Why are IP rights crucial?
Why are IP rights crucial?
IPRs provide legal protection to owners of inventions, designs, trademarks, and copyrights. They help ensure the creation and development of new products and technologies.
How do IP rights gain economic value?
How do IP rights gain economic value?
IPRs can be obtained through registration, such as for patents and trademarks, or automatically, as with copyright. The actual value lies in their enforcement.
What are some offensive and defensive uses of IP?
What are some offensive and defensive uses of IP?
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How do IP rights protect companies?
How do IP rights protect companies?
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What is the global reach of IP rights?
What is the global reach of IP rights?
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What is a challenge faced by IPRs in a globalized world?
What is a challenge faced by IPRs in a globalized world?
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How do IP rights benefit society?
How do IP rights benefit society?
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Patent
Patent
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Business Method Patent
Business Method Patent
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Blocking Patent
Blocking Patent
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Patenting Abroad
Patenting Abroad
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Licensing
Licensing
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Patent Life
Patent Life
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Short-Term Patents
Short-Term Patents
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Trademark
Trademark
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Patentable Innovation in Computer Programs
Patentable Innovation in Computer Programs
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Cyber Art
Cyber Art
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Prior Art in the Digital Age
Prior Art in the Digital Age
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Enforcing Patent Rights Online
Enforcing Patent Rights Online
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Exponential Change
Exponential Change
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Patentable Computer Programs
Patentable Computer Programs
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Non-Patentable Algorithms
Non-Patentable Algorithms
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India's Software IP Landscape
India's Software IP Landscape
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License Contract
License Contract
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Know-How Contract
Know-How Contract
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Sale and Import of Capital Goods
Sale and Import of Capital Goods
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Franchising and Distributorship
Franchising and Distributorship
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Consultancy Agreement
Consultancy Agreement
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Turn-Key Project
Turn-Key Project
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Equity Joint Venture
Equity Joint Venture
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Patent Infringement
Patent Infringement
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Elements of Patent Infringement
Elements of Patent Infringement
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Scientific Research & Development Exception
Scientific Research & Development Exception
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Prior Use Exception
Prior Use Exception
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Non-Voluntary License Exception
Non-Voluntary License Exception
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Exploitation of a Patented Invention
Exploitation of a Patented Invention
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Voluntary License
Voluntary License
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Compulsory License
Compulsory License
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Enforcement of Patent Law
Enforcement of Patent Law
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Intentional vs. Accidental Infringement
Intentional vs. Accidental Infringement
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What is the right of a performer?
What is the right of a performer?
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What rights do producers of sound recordings have?
What rights do producers of sound recordings have?
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What are the rights of broadcasting organizations?
What are the rights of broadcasting organizations?
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What is the originality requirement for copyright protection?
What is the originality requirement for copyright protection?
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Is computer software copyrightable?
Is computer software copyrightable?
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Is copyright registration necessary for software?
Is copyright registration necessary for software?
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What are some examples of works that are not copyrightable?
What are some examples of works that are not copyrightable?
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Are there exceptions to copyrightable works?
Are there exceptions to copyrightable works?
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Study Notes
Intellectual Property and Law
- Intellectual property rights transform knowledge into value, crucial for economic activity.
- IP rights are essential for organizing society and generating wealth.
- Multiple IP rights exist, including industrial design, patents, trademarks, and copyright.
- Economic value of IPRs arises from legal mechanisms for granting and enforcement.
- The level of enforcement depends on factors like corruption, speed of legal disputes, and legal professional quality.
Defensive and Offensive Strategies
- IPRs facilitate company protection by preventing others from using inventions.
- Internal cohesion is enhanced by avoiding technology transfer to competitors.
- Ambush and strategic use of patents can be employed to disrupt the market.
- Obtaining and utilizing patents can help a company enter markets.
- IPRs benefit both small and large businesses.
IPR System - Territorial Nature
- IPRs protect companies, innovators, and consumers.
- The WTO TRIPS Agreement represents worldwide acceptance of patent and IPR importance.
- IPRs are private, created by territory, with existing standards, advantages, pitfalls, economic and legal implications.
- The national nature of IPRs in a globalized trade environment presents challenges.
- Harmonization of IP rights globally is beneficial for businesses and international cooperation in the area.
New Borders - Tools or Tolls
- Software patents and business method patents (e.g., blocking patents) are new frontiers of IP rights.
- These patents should include some technical skills.
- Copyright extensions (DRMs vs open models) allow new business to emerge.
Patenting and Licensing Abroad
- Promotion of company's territorial basis is done through patenting and licensing inventions globally.
- These tools are essential for gaining benefit from inventions worldwide.
- Rights cannot be viewed independently but should be analysed in the broader context – dynamic knowledge management strategy with interdisciplinary and inter-organizational cooperation are essential.
Patents
- Patents are government-issued property titles granting inventors exclusive rights (use, manufacture, sale, import) for inventions.
- The main purpose is to promote innovations.
- Patents are time-limited (typically 20 years) to encourage recoup of development costs.
- Patents are crucial for promoting invention and innovation.
- Patents must meet specific criteria to be patentable (patentability, under national laws, industrial applicability, and being non-obvious) and be properly disclosed.
Conditions of Patentability
- Inventions must be patentable under national laws.
- Some inventions (like mathematical formulas or natural discoveries) cannot be patented.
- Patents are available for any field of technology, excluding those against public order or morality.
- The invention must be industrially applicable and novel.
- The invention must not be obvious to a person skilled in the art and the invention must be clearly and unambiguously disclosed.
Examination of a Patent Application
- Before formal examination, it must be checked if the application is complete.
- The examination process includes checking formalities and substantial conditions of patentability.
- If successful, the patent is granted and published, with an entry into the Patent Register.
- The patent will require renewal fees to maintain a patent in force.
Infringement
- Patent holders have the right to decide on exploitation of their patented invention.
- Inventions can be assigned or licensed.
- Infringement actions require proof of a prohibited act, done after patent publication, and within the scope of patent claims.
- Legal action, while possible, may be avoided through negotiation.
Types of Infringement
- Deliberate infringement, partially deliberate infringement, and accidental infringement are possible.
- The patent owner must prove the prohibited act, occurred after patent publication, and related to a product or process covered by the patent claim.
Utility Model
- Utility models refer to mechanical inventions differing from regular patents due to shorter protection terms and potentially less stringent conditions.
Patent, Health, Biodiversity and Traditional Knowledge
- Universal health legislation does not exist, forcing compliance with specific local rules.
- Pharmaceutical companies spend significant resources on research in order to obtain patents for their innovations.
- Distinction between naturally existing elements and discovered inventions is crucial.
Patent Cooperation Treaty (PCT) Proceeding
- The PCT is an international treaty to allow simultaneous patent protection in multiple countries with a single application.
- It is NOT a world-wide patent, but a worldwide application process.
- The application is made in one language, and usually involves fees, translations, and local agents.
- A sequence of steps concludes with a final submission to the local office for processing.
European Patent Office (EPO)
- The EPO allows patent protection in 40 European countries.
- The EPO has a well-structured and formalized examination process.
- The EPO issues a European patent that is universally valid in the member countries.
Digitalization in the IP Law
- Digitalization has transformed IP law procedures making them more efficient and accessible, and enhancing opportunities for innovation.
- IP law has to adapt to the digital environment.
- Modern problems, like the software patents, have been born from the cyberspace.
Software Patents
- Software is patentable in many jurisdictions but in some not;
- TRIPS agreement does not exclude software per se, but national laws may offer different criteria.
- There is no standardized international treatment of software as part of IP.
Trademark
- A trademark is a sign that distinguishes goods and/or services of one enterprise from others.
- Trademarks are critical for companies in branding and marketing.
- Trademarks can be registered, providing exclusive rights and acting as important assets.
- Trademarks are reviewed under concepts of distinctiveness, originality, and other considerations of law.
Trademark Registration
- The trademark registration process consists of a sequence of steps – often formally required – by the relevant office for the requested mark.
- Reasons for a trademark rejection may exist related to established trademarks, legal standards or if it is against the order/morality of the state.
- Trademarks are a form of business asset to be protected against imitation and invalidation attempts.
Trademarks Procedure - EUIPO
- Procedures to protect or register a trademark in the EUIPO can be done in-person, electronically or by mail.
- EUIP requires a specific language that may differ from the country’s official languages or dialects.
- A trademark may require renewal fees and the owner has to deal with possible oppositions from parties interested in the mark.
Types of Trademarks
- Different types of trademarks exist (trademarks for services, collective marks, certification marks, well-known marks) to specify goods or services provided in a certain field.
Using a Trademark
- Trademarks must be used accurately as registered; trademarks must be used in the same way as originally registered to avoid potential issues later.
- Using trademarks for different goods that weren't originally registered may invalidate the trademark.
Domain Names
- Domain names are located and translated through a system, DNS.
- Cybersquatting involves pre-emptive registration of trademarks as domain names for potential exploitation and profit.
- UDRP offers dispute resolution policies based on WIPO recommendations, resolving conflict between trademarks and domain names.
Copyright
- Copyright protects original literary, scientific, and artistic creations.
- Copyright protects the form of expression but not the idea itself.
- The duration of copyright is usually linked to the author's life, plus a specific period after the author's death.
- Copyright provides exclusive rights, including reproduction, distribution, broadcasting, and adaptation.
Copyright Protection
- Copyright protects the expression of ideas, not the ideas themselves.
- Protection is given for the form of expression, whether in writing, audio, video, or visual form.
- Copyright owners have moral and economic rights, which relate to control, modification, and exploitation of their work.
Duration of Copyright
- Copyright lasts for the life of the creator plus a specified number of years after their death.
- Copyright eventually enters the public domain, meaning that it’s freely accessible.
Ownership, Exercise and Transfer of Copyright
- Authors don’t always own the copyright of a work they created (e.g., an employed author).
- Copyright can be transferred to other parties through various methods – assignment or licensing.
- The various rules regarding ownership depend on the country, the legal context, and the considerations of ownership.
Enforcement of Copyright
- International agreements help to regulate enforcement of copyright (e.g., TRIPS and Berne Convention).
- Formal and informal measures exist to deal with copyright infringement, including criminal sanctions and administrative procedures.
Technological Protection Measures
- TPMs play significant roles in digital environments.
- Measures are taken to prevent unauthorized reproduction and distribution of copyrighted works.
Originality in Copyright
- Originality requires independent creation;
- Similarity of works doesn’t necessarily prevent copyright protection if they are independently created.
Digital Copyright and Software Patents
- The link tax aims to remunerate creators of links on the web.
- Articles 17 and 15 in legislation create balanced situations for rightsholders.
TRIPS Agreement
- The TRIPS Agreement, a multilateral treaty on intellectual property, sets minimum standards for protection in different areas.
- It covers aspects of harmonization, enforcement, and dispute settlement with respect to IP and its protection.
IP and Health
- Patents are crucial to promote the development of new drugs and treatments.
- Certain factors, like availability of new and relevant data or international support in the health area, can significantly influence the overall legal issues.
- Health concerns and priorities may clash with IP provisions, resulting in conflicting approaches.
IP and Digital Technologies
- The Digital Age has presented new challenges and opportunities in IP law.
- The digital environment needs to be taken into consideration to ensure harmony and balance for IP protection.
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Description
Test your knowledge on copyright and related rights with this quiz. Explore the nuances of copyright protection, including the duration under the Rome Convention and specifics related to software. Challenge yourself to identify works that may or may not be protected by copyright.