Copyright and Trademark Law Overview Quiz 36-40

<p>It exists independently of national law and can coexist with other intellectual property rights</p> Signup and view all the answers

<p>Authors, cultural exploiters, cultural consumers, and the general public</p> Signup and view all the answers

<p>The creator and the ideal relationship to the work</p> Signup and view all the answers

<p>Economic investments and allowing legal entities to be copyright owners</p> Signup and view all the answers

<p>Through registration, not use</p> Signup and view all the answers

<p>Art, literature, academic works, and creative achievements</p> Signup and view all the answers

<p>European Union</p> Signup and view all the answers

<p>Its preliminary ruling procedure</p> Signup and view all the answers

<p>Creators, economic exploitation, and the general public</p> Signup and view all the answers

<p>Subjective and absolute</p> Signup and view all the answers

<p>Initially following the Anglo-American approach before returning to the Continental European approach</p> Signup and view all the answers

<p>Patent holders</p> Signup and view all the answers

<p>Economic investments</p> Signup and view all the answers

<p>The European Parliament and the Council</p> Signup and view all the answers

<p>The Court of Justice of the European Union</p> Signup and view all the answers

<p>The granting of rights of use under copyright law</p> Signup and view all the answers

<p>Art. 118 TFEU = Establishment of European intellectual property rights Art. 267 TFEU = Jurisdiction for preliminary rulings on interpretation and validity of Union acts Interpretation rule Sec 44 (1) GCA = Transfer of property right of tangible good and granting of rights under copyright law Sec 44 (1) GCA = Author's sale of original work and granting of usage rights to the buyer</p> Signup and view all the answers

<p>First layer of information = Physical attributes like the paper Second layer of information = Basic data with potential data rights Third layer of information = Content of the work, such as the written text Intellectual property rights = Protection for different layers of information</p> Signup and view all the answers

<p>Copyright and property in original works are independent of each other and go hand in hand = Principle of independence between copyright and property in original works If the author sells the original of a work, then, in cases of doubt, he or she is not deemed to have granted a right of use to the buyer = Interpretation of author's sale of original work and grant of usage rights Establishment of language arrangements for European intellectual property rights = Regulations by the Council under a special legislative procedure Minimum of delay in addressing questions raised in cases pending before a court or tribunal of a Member State with regard to a person in custody = Responsiveness of the Court of Justice of the European Union</p> Signup and view all the answers

<p>Union trade mark = Can only be obtained through registration, not use mark possible Copyright law = Protects art, literature, academic works, and creative achievements Copyright as a subjective and absolute right = Not limited to specific individuals Continental European understanding of copyright law = Focuses on the creator and protects the ideal relationship to the work</p> Signup and view all the answers

<p>Anglo-American understanding of copyright law = Emphasizes economic investments and allows legal entities to be copyright owners European copyright law evolution = Initially followed the Anglo-American approach before returning to the Continental European approach Competence for the issuance of regulation in European copyright law = Lies with the European Union, but it has not been utilized yet Court of Justice of the European Union (CJEU) = Important due to its preliminary ruling procedure</p> Signup and view all the answers

<p>Authors = Involved in copyright law Cultural exploiters = Involved in copyright law Cultural consumers = Involved in copyright law Entities involved in copyright law = EUIPO, national offices, authors, cultural exploiters, and cultural consumers</p> Signup and view all the answers

<p>Copyright law aim = To balance the interests of creators, economic exploitation, and the general public Entities not involved in copyright law according to the text = Not specified in the text Entities involved in copyright law = Authors, cultural exploiters, cultural consumers, and other specified entities Type of right copyright is considered to be = Subjective and absolute right</p> Signup and view all the answers

<p>Unity = EU trademark exists uniformly throughout the European Union Autonomy = EU trademark exists independently of national law and can coexist with other intellectual property rights Coexistence = EU trademark can coexist with other intellectual property rights EU trademark = Exists independently of national law and can coexist with other intellectual property rights</p> Signup and view all the answers

<p>Numerals = Can be part of an EU trade mark Colours = Can be part of an EU trade mark Sounds = Can be part of an EU trade mark Packaging of goods = Can be part of an EU trade mark</p> Signup and view all the answers

<p>Representation on the Register = Must enable the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor Distinctiveness = Signs must be capable of distinguishing the goods or services of one undertaking from those of other undertakings Representation requirement = Must be met for a sign to be included on the Register of European Union trade marks Competent authorities = Must be able to determine the subject matter of protection afforded to the proprietor based on the representation on the Register</p> Signup and view all the answers

<p>EU trademark = Governed exclusively by EU law for granting, infringement, and licensing European patent = Bundles national patents and for which acts of infringement must be judged according to national law Acts of infringement = Judged according to national law for the European patent National law = Not governing the granting, infringement, and licensing of the EU trademark</p> Signup and view all the answers