Intellectual Property Law Quiz
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Which area of law is NOT considered a part of intellectual property law?

  • Trademark law
  • Copyright law
  • Criminal law (correct)
  • Patent law

    • Patent law requires an invention to be obvious to a person skilled in the art.

    False

    What is the act of intellectual creation in copyright law often symbolized by?

    ©

    Patent law protects developments that are __________ and not already available or known.

    <p>novel</p> Signup and view all the answers

    Match the following areas of intellectual property law with their characteristics:

    <p>Patent law = Protects technical developments Trademark law = Protects brand identifiers Design law = Protects the visual design of objects Copyright law = Protects original works of authorship</p> Signup and view all the answers

    What type of trademark license allows a licensee to have rights against third parties?

    <p>Exclusive license</p> Signup and view all the answers

    Trademark law does not allow the trademark owner to restrict the usage rights of the licensee.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of design law?

    <p>To protect the appearance of products against imitation.</p> Signup and view all the answers

    An exclusive license is a license that has _____ effect.

    <p>third-party</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Likelihood of confusion = The possibility that consumers might confuse two different brands Community design = A design registered for protection throughout the European Union License agreement = A contract that establishes usage rights for a trademark Famous trademarks = Trademarks that receive extended protection due to their renown</p> Signup and view all the answers

    What is the maximum term of protection for a design under European Union design law?

    <p>25 years</p> Signup and view all the answers

    Copyright law requires registration or application for protection.

    <p>False</p> Signup and view all the answers

    What are the exclusive rights granted by design registration?

    <p>To ban third parties from using, manufacturing, offering, putting on the market, or importing/exporting the design.</p> Signup and view all the answers

    The author of a work is the person who __________ it.

    <p>created</p> Signup and view all the answers

    Match each intellectual property type with its scope of protection:

    <p>Trademark = Names, logos Design = Designs, forms Patent = Technical inventions Copyright = Literature and arts</p> Signup and view all the answers

    Which of the following types of works is protected under copyright law?

    <p>Advertising slogans</p> Signup and view all the answers

    A work for hire means that the ordering party is considered the creator of the work.

    <p>False</p> Signup and view all the answers

    What types of works can be protected as intellectual creations in Austria?

    <p>Literature, sound art, visual arts, and cinematography.</p> Signup and view all the answers

    The duration of application for a patent can be up to __________ months.

    <p>36</p> Signup and view all the answers

    Which of the following is NOT protectable under copyright law?

    <p>Techniques</p> Signup and view all the answers

    Which statement is true regarding software patents in the EU?

    <p>Software patents are not accepted, but copyrights protect software.</p> Signup and view all the answers

    Trademarks must be registered to be protected.

    <p>True</p> Signup and view all the answers

    What is one characteristic of a copyrightable work?

    <p>It must have a personal touch or originality.</p> Signup and view all the answers

    The right of __________ allows an author to control the reproduction of their work.

    <p>reproduction</p> Signup and view all the answers

    Which of the following statements regarding the false protection of software is correct?

    <p>Software is only protected as a literary work.</p> Signup and view all the answers

    Match the following examples to their type of copyright infringement:

    <p>Selling products that violate trademarks = Trademark Infringement Illegal streaming of movies = Copyright Infringement Violation of privacy rights = Privacy Infringement 'Cracked' software = Software Piracy</p> Signup and view all the answers

    Which advantage is associated with open-source licenses?

    <p>They encourage open innovation.</p> Signup and view all the answers

    All trademarks are protected forever after registration.

    <p>False</p> Signup and view all the answers

    What is considered a traditional infringement of intellectual property on the internet?

    <p>Selling of counterfeited products on e-commerce platforms</p> Signup and view all the answers

    Enforcement of intellectual property is only concerned with copyright infringement.

    <p>False</p> Signup and view all the answers

    What legal tools can be used to enforce the removal of counterfeited products online?

    <p>Letters from attorneys and cease and desist letters.</p> Signup and view all the answers

    A major problem with enforcing copyright is the difficulty in finding the infringing ______.

    <p>products</p> Signup and view all the answers

    Match the following enforcement methods with their descriptions:

    <p>Cease and desist letters = Legal notice to stop illegal activity Injunctions = Court order to prohibit specific actions Upload filters = Technology to prevent copyright violations Access blocking = Restricting access to infringing websites</p> Signup and view all the answers

    What are the implications of the 'over-blocking' issue?

    <p>It infringes on the right to information</p> Signup and view all the answers

    According to the CJEU, the filtering provisions under Art 17 are strict obligations.

    <p>False</p> Signup and view all the answers

    What must service providers do to avoid liability for copyright infringements under Art 17?

    <p>Obtain authorization from rightholders and take down infringing content.</p> Signup and view all the answers

    The legal basis for blocking access to infringing websites in Austria is found in Sec. 81 para 1a of the ______ Copyright-Act.

    <p>Austrian</p> Signup and view all the answers

    What type of copyright infringement does 'cracked' software represent?

    <p>Copyright infringement</p> Signup and view all the answers

    What is the term of copyright protection for a creator's work?

    <p>70 years after creator's death</p> Signup and view all the answers

    Joint creators of a work can exploit or alter it without the approval of all creators.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of licensing in copyright law?

    <p>Economic exploitation of the work</p> Signup and view all the answers

    The ________ eliminates the right holder's control after the initial distribution of a work within the EEA.

    <p>principle of exhaustion</p> Signup and view all the answers

    Match the following rights with their descriptions:

    <p>Right of reproduction = Permits making copies of the work Right of distribution = Allows the sale or rental of copies Right of public communication = Enables access to the work by the public Right of adaptation = Allows modifications and translations of the work</p> Signup and view all the answers

    What must be obtained before creating a derivative work?

    <p>Consent of the original creator</p> Signup and view all the answers

    Computer programs are considered literary works under copyright law.

    <p>True</p> Signup and view all the answers

    What are the four freedoms provided by open-source software licenses?

    <p>Run, study, redistribute, and modify.</p> Signup and view all the answers

    Permissions to use a work are typically granted through a ________.

    <p>license</p> Signup and view all the answers

    Which of the following is an example of free use?

    <p>Fixing bugs in software you own</p> Signup and view all the answers

    Reproducing someone else's work for text and data mining is always permissible without restrictions.

    <p>False</p> Signup and view all the answers

    Name a rights protection organization in Germany.

    <p>GEMA</p> Signup and view all the answers

    Which of the following statements about personality rights of the author is true?

    <p>They protect the intellectual connection between the author and the work.</p> Signup and view all the answers

    Quotation requires that the original source is indicated.

    <p>True</p> Signup and view all the answers

    Signup and view all the answers

    Study Notes

    Course Information

    • Course title: Computer Science and Law
    • Term: Fall/Winter 2024-25
    • Instructor: Natascha Windholz, Krems
    • Institution: University of Applied Sciences

    Course Content

    • October 3: Introduction to law, contract, and liability law
    • October 10: Intellectual property law, Data Protection law
    • October 23: Data Protection law
    • November 5: Case study
    • November 7: Cybersecurity law
    • November 28: AI law, Case study
    • December 5: Case study, various IT-related laws (e-commerce, consumer law, data-related acts, platform law), Q&A
    • December 19: Exam

    Intellectual Property

    • Intellectual property law protects intellectual property.
    • It can be narrower (excluding copyright) or broader (including competition law and trademark law).
    • Areas:
      • Patent law (PatG): public register
      • Trademark law (MSchG): public register
      • Design law (GMG): public register
      • Copyright law (UrhG): no registration, act of "intellectual creation"

    Patent Law

    • Protects technical developments if they are novel and non-obvious to someone skilled in the art, with industrial application.
    • Requirements for protection:
      • Invention in the field of technology
      • Knowledge of technical practice
      • Novelty (not yet state of the art)
      • Non-obviousness (level of inventiveness)
      • Repeatability and practicability
      • Industrial application
    • Registration at the Patent Office (Patentamt) or European Patent Organization (EPO)
    • Computer programs aren't patentable in the EU and the European Patent Office. This includes software for data processing systems.
    • If the problem to solve with the software is technical, the program is patentable.

    Patent Law: Types of Patents

    • Product patent: e.g., machine, medication, electrical circuit.
    • Process patent: e.g., wall drying systems, power generation system.
    • Use patent: e.g., process for syringe with threaded spindle drive.

    Patent Law: Exclusive Rights

    • Prohibits third parties from producing, putting on the market, offering for sale, or using the patented invention.
    • Includes importing or possessing the patented invention.
    • Private use is permitted to everyone.

    Patents: Licensing

    • Patents are licensable.
    • Voluntary licenses are possible.
    • The licensor refrains from using the interdiction right and the licensee pays a fee for using the invention.
    • In exceptional cases, compulsory licenses may occur. This happens if patented inventions are not exerted domestically, or if it's necessary for the public interest.

    Utility Model

    • Also known as a "petty patent".
    • "Inventive step" is required.
    • The same level of inventiveness is required for a utility model as for a patent. Differences include:
      • No examination regarding novelty or level of inventiveness.
      • Program logic can also be protected.
      • Utility models are not available in all countries. They are, however, possible in Austria, China, Germany, and Japan, for instance.

    Trademark Law

    • Trademark right for a product's appearance. It's increasingly important for marketing and brand recognition.
    • Numeral, number, letter, or word/figurative mark.
    • Registration with the Patent Office (Patentamt), EUIPO, or WIPO is necessary. There are chosen classes for products (e.g. paints, oils, leather goods).
    • Priority of application is important (first come, first served).
    • Term of protection is 10 years after registration, extensible.

    Trademark Law: Examples

    • Words: Coca-Cola, McDonald's, Zotter
    • Design:
      • Logos (e.g. Shell, Audi, Apple)
    • Word-design: e.g., adidas, Haribo, Milka
    • Form (not applicable if the shape is necessary from a technical point of view, e.g. wafer Blocks “Knoppers”)
    • Color: Milka-Purple, Manz-Red
    • Sounds: Wetten Dass, Magenta-jingle, "Haribo macht Kinder froh". Representation by means of musical notes.
    • Smell (can be a trademark)

    Trademark Law: Exclusive Rights

    • Protection in case of identity of goods and marks.
    • Protect from infringing actions.
    • Extended protection of famous trademarks.

    Trademark Law: Licensing

    • Trademarks are freely licensable.
    • Exclusive or non-exclusive licenses are possible.
    • Exclusive license = license with third-party effect.
    • Licensee has specific rights, such as defense rights against third parties for not violating the trademark.
    • License agreement includes continuing obligation.
    • Trademark owner remains holder; but restricted to the licensee.

    Design Law

    • Protects the appearance of products from imitation.
    • Affected by entry in a relevant register.
    • Protection of the product's appearance covers: lines, contours, colors, shape, structure of surface, materials, and decoration/ornaments.
    • Community design can be registered with EUIPO.
    • International protection is possible through WIPO.

    Design Law: Registration and Rights

    • National design: each state separately.
    • European Union design: protection covers all member states.
    • Exclusive rights: manufacturing, offering, putting on the market, and importing/exporting.

    Overview of Differences

    • This table compares trademarks, designs, utility models, and patents in terms of suitability, duration, scope, market impact, strategic importance, and cost.
    • Protects work in certain areas (e.g., literature, sound art, visual arts) for creators.
    • Individual intellectual achievement and the use of creative means are essential.
    • Assessment is made on a case-by-case basis. Items not eligible for protection include style, manner, technique, formats, concepts, and mathematical formula.
    • Literature
    • Musical works
    • Visual arts
    • Cinematographic works
    • Photography (a type of visual art)
    • Offensive works (are also protected by copyright).
    • Author is the one who created the work.
    • Copyright occurs upon creation.
    • No registration or application is necessary.
    • Only natural persons can be authors.
    • Several people can create a single work.
    • The result is an inseparable unit.
    • Copyright is shared by all creators.
    • Attribution issues, exploitation/alteration, and contractual provisions are problems associated with joint creatorship.
    • Begins with creation of the work.
    • Lasts for 70 years after the creator's death.
    • Joint creators: 70 years after the death of the last surviving joint creator.
    • Anonymous/pseudonymous works: 70 years after the work's creation.
    • Exclusive rights include: personality rights of the creator, adaptation rights, ancillary rights, and other rights (like images).
    • Includes collecting societies like AKM, Literar Mechana, and GEMA.
    • Right of reproduction, distribution, public communication, and making available
    • Rental and lending rights
    • Broadcasting rights
    • Recitation, performance, and presentation rights.
    • The exclusive rights expire when the work is placed on the market within the EEA.
    • The right to use is transferred to third parties.
    • This rule applies to imported goods from outside the EEA, where the product may not apply.
    • "Copyright".
    • Any reproduction is covered, regardless of the method or type of device
    • Even parts of the original work are covered.
    • Also covers copies in altered form
    • Recording of recitations or performances, or works of fine arts based on author's plans are specifically covered.
    • The concept of the tangible work is important.
    • Making the work available to the public is necessary for the right of distribution.
    • Principle of exhaustion.
    • Right to place the work on the market, gift copies, rent them is covered
    • No transfer of ownership is necessary for distribution rights to be applicable
    • For interactive access, for example on the internet.
    • Concept of "public" does not demand that all viewers are in the same place
    • Examples include file sharing and podcasts.
    • Protects the intellectual connection between the work and the author.
    • Not transferable, or completely waivable.
    • Applies to creatorship protection
    • Creator decides how their work is labelled (e.g., pseudonym).
    • Adaptations/reproduction must retain the original nature.
    • The original remains unchanged.
    • Reworking, dramatization, translations are examples of adaptation.
    • Consent from the creator of the original is necessary.
    • Free use of an independent work is an individual new creation.
    • Software directive and guidelines for assessing the differences between the new creation and the original are described
    • Key for economic exploitation; use fee.
    • Certain or all use types allowed.
    • Exclusive right of use.
    • Limitations to restrictions, including subject matter, place, and time.
    • Permission to use is the right to use the work.
    • Contains the right of exclusive and absolute use
    • Rights to sue exist.
    • Only obligatory rights vis-à-vis the author.
    • Adaptation right is usually not included.
    • Restrictions on adaptation rights include limited or unlimited use, and burden of proof rights with applicable beneficiaries.
    • Exceptions to exclusive rights.
    • Products of social commitment are interpreted narrowly.
    • Economic value must not be undermined.
    • Reproduction for personal use applies to anyone, including natural and legal persons.
    • Copies are allowed for paper or similar medium.
    • Includes personal, professional usage.
    • Copies can be passed on.
    • Not meant for public availability.
    • Quotation is the word-for-word adoption of someone else's work to use in some way.
    • Source must be made clear.
    • Quotation does not need to remain word-for-word, translation is permitted, and this right guarantees freedom of expression.

    Copyright Law: Text and Data Mining

    • Automated evaluation of patterns, trends, and correlations.
    • Reproduction someone else's work is permitted for research, unless explicitly forbidden.
    • Research is permitted for organizations in the public interest.
    • Most important claim is for omission, future infringements, and removal.
    • Publication of judgements is vital for public information.
    • Damages are difficult to prove.
    • Often claims are for the double adequate remuneration and often criminal legal measures are considered, especially for repeated infringements.
    • Literary works.
    • Broad understanding of the term "computer program".
    • Established source code is protected as a literary work.
    • Exemptions include ideas, principles, and program logic.
    • User interface is not protectable under copyright.
    • Unique design is essential if a user interface is to be protected.
    • Applies to software.
    • Offline and online purchases are covered.
    • Offline: Asserting rights; special conditions (volume licenses).
    • Online: No reproduction rights for individuals, but rather for production purposes, and the specific item.
    • Reproduction is not exhausted, but it may be restricted by time or cloud services.
    • Linux Kernel.
    • Linux-based OS (e.g., Android, Red Hat, Ubuntu).
    • Web browsers (e.g., Chromium, Firefox).
    • Software for software development (e.g., Git, IntelliJ IDEA, Eclipse).
    • Webservers and website software (e.g., Apache HTTP Server, MySQL, Node.js)
    • Extends open-source ideas across various fields (e.g., music, photos, videos, text).
    • Six types of licenses, from most permissive (CC0) to least permissive (all rights reserved).
    • Advantages include open collaboration, open innovation, and the setting of standards.
    • Disadvantages include a lack of licensing fees and the potential for competitors to gain information and knowledge.

    Enforcement of IP on the Internet

    • Traditional infringements: selling counterfeits online.
    • New infringements: "cracked" software, illegal downloads/streaming, misuse of promotional content.
    • Copyright is the primary focus.

    Enforcement: Counterfeited Products

    • Problem: Finding infringing products.
    • Strategies:
      • Letters from attorneys (sometimes used with threats).
      • Platform-specific channels often used for this and are usually quite successful.
      • Online forms

    Enforcement: Blocking Access to Websites

    • Difficulties with servers in third countries.
    • Local legal action may be possible.
    • Based on structural copyright infringements.

    Enforcement: Upload Filters

    • Political debates around the EU Digital Single Market Directive and filtering content.
    • Platforms have liability for copyrighted material.
    • Differentiation: determining free use versus infringement is a challenge for algorithms.

    Enforcement: Upload Filters

    • Service providers need authorization from the rightholders.
    • Service providers are liable for infringements, unless they are making best efforts.
    • This is determined by the CJEU (2022).

    Questions?

    • This is an open question/response section.

    Repetition Questions (Patent Law)

    • A: Correct. Software patents are not accepted in the EU, but software can be copyright.
    • B: Correct. Invention concepts have been accepted, but not by the Austrian Patent Court.
    • C: Correct. A method can be patented if it's technical.
    • D: Incorrect. Software patents are not accepted worldwide.

    Repetition Questions (Trademark Law)

    • A: Correct. Trademarks pertain to identifying products.
    • B: Correct. Trademarks include words, sounds, colors, and designs.
    • C: Correct. Registration is necessary with the relevant office for trademark protection.
    • D: Incorrect. Trademark protection typically has a defined term and is not permanent.
    • A: Correct. Any natural person can be the author of a copyrighted work.
    • B: Correct. A work’s distinctiveness can come from any way, including a personal touch, and it can be enough to qualify.
    • C: Correct. In cases of doubt, courts decide whether a work meets copyright protection criteria.
    • D: Correct. Literature, movies, styles, and painted pictures are examples of possible copyrighted works.
    • A: Correct. Exclusive rights include the right of reproduction.
    • B: Correct. Exclusive rights include the right of broadcasting.
    • C: Correct. Exclusive rights include the right of distribution.
    • D: Incorrect. Right of non-repudiation is not an exclusive right under the Austrian Copyright Act.

    Repetition Questions (Software Protection)

    • A: Correct. Software is not usually protected by patent law but can be by other means.
    • B: Correct. Copyright is one way to protect software as a literary work.
    • C: Correct. The Austrian Copyright Act has a definition for software.
    • D: Incorrect. The protection of the software encompasses elements like the program's logic and algorithms and the user interface, but not everything.

    Repetition Questions (Open-Source Licenses)

    • A: Correct. Open source facilitates open innovation.
    • B: Correct. Open source software is more likely to set standards.
    • C: Correct. Open collaboration often fosters improvements.
    • D: Incorrect. While sharing can occur, competitors may also obtain more information with access to software.
    • A: Incorrect. While trademark infringements do exist on the internet, selling products violating trademarks isn't specifically a copyright matter.
    • B: Correct. Illegal streaming of movies infringes copyright.
    • C: Incorrect. Violating privacy is not a copyright issue.
    • D: Correct. "Cracked" software often involves a copyright infringement.

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