Midterm Keywords PDF

Keywords: 1. What is IPR Intellectual Property Rights (IPR) refer to the legal rights given to individuals over the creations of their minds. These rights usually give the creator an exclusive right to use their creation for a certain period of time. Example: An author has the IPR to their book, al...

Keywords: 1. What is IPR Intellectual Property Rights (IPR) refer to the legal rights given to individuals over the creations of their minds. These rights usually give the creator an exclusive right to use their creation for a certain period of time. Example: An author has the IPR to their book, allowing them to control its publication and sale. 2. Copyright and Regulation Copyright protects original works of authorship, such as books, music, and films. Regulations govern how these rights are applied and enforced. Example: Copyright law in the U.S. is primarily governed by the Copyright Act of 1976. 3. Patents protect inventions, granting the inventor exclusive rights to make, use, or sell the invention for a limited period. Example: A new pharmaceutical drug may be patented to prevent others from selling it without permission. 4. Copyright Subject Matter Protected Includes literary, artistic, and scientific works like novels, paintings, films, software, and architectural designs. Example: A screenplay for a movie is protected as a literary work. 5. Conditions of Protection Works must be original, of suHicient creativity, and fixed in a tangible medium. Example: A painting must be original and fixed on a canvas to qualify. 6. Ownership of Rights The creator of the work is the initial owner unless the work is created under an employment contract. Example: An employee who develops software during work hours typically does not own the software; the company does. 7. Exclusive Rights Include the right to reproduce, distribute, perform, display, or make derivative works. Example: A music composer has the exclusive right to perform their songs. 8. Exceptions Fair use, educational use, or parody where copyright does not restrict certain uses of copyrighted material. Example: Using a copyrighted song in an educational video may fall under fair use. 9. Term of Protection Copyright lasts for the life of the creator plus 70 years in many jurisdictions. Example: A book published in 1950 by an author who died in 1960 will be in the public domain after 2030. 10. Related Rights Protect the interests of performers, producers of phonograms, and broadcasting organizations. Example: A radio station has rights over the broadcasting of a song. 11. Technological Protection Measures (TPMs) Tools or software solutions used to restrict the use of copyrighted digital content. Example: DRM (Digital Rights Management) software that prevents copying eBooks. 12. Territoriality IPR protection is generally territorial, limited to the country where protection is sought. Example: A patent registered in the US does not provide protection in Canada unless also registered there. 13. Software and Database Protection Software and databases can be protected under copyright law, ensuring that only the rights holder can authorize certain uses. Example: Oracle databases are protected, allowing Oracle to control how they are used and distributed. 14. Copyright in the Digital Realm Involves issues like digital copyright management, internet copyright infringements, and digital licenses. Example: Music streaming services obtaining licenses to stream copyrighted music. 15. Trade Secrets Information not generally known to the public that a business takes reasonable steps to keep secret, providing an economic advantage. Example: Coca-Cola’s formula is a famous trade secret. 16. Industrial Designs Protects the aesthetic design of an object that is not purely utilitarian. Example: The unique design of the iPhone’s interface elements. 17. Background and Main Features of Industrial Design Concerns the protection of the visual design of objects and how they appeal to the consumer’s eye. Example: The shape and appearance of a new sports car model. 18. What is Law? Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. Example: TraHic laws regulate how people drive on roads. 19. What is Business Law? A branch of law that deals with the rights, relations, and conduct of persons and businesses engaged in commerce. Example: Contract law as applied in business agreements. 20. What is a Corporation? A legal entity that is separate and distinct from its owners, capable of owning assets, incurring liabilities, and entering into contracts. Example: Microsoft is a corporation. 21. DiXerence Between Civil Law and Common Law Civil law is based on codified statutes and principles. Common law is based on judicial precedents. Example: France uses civil law; the UK uses common law. 22. DiXerence Between a Regulation and a Directive A regulation is a binding legislative act that must be applied in its entirety across the EU. A directive is a legislative act that sets out goals that all EU countries must achieve but leaves them the means. Example: GDPR is a regulation. 23. Patents: Nature, Terms, and Objective Nature: Legal right that gives an inventor exclusive rights to their invention. Term: Typically 20 years. Objective: To encourage innovation by providing inventors time to reap the benefits of their inventions. 24. Patents and Biotechnology Inventions Involves specific considerations like the ethical dimensions of patenting biological material and genetic engineering. Example: Patenting a new genetically modified crop. 25. Patents and Competition Law, Standard Essential Patents Deals with how patents intersect with anti-trust laws and the concept of patents essential to industry standards requiring fair, reasonable, and non-discriminatory licensing. Example: Patents for 5G technology that must be licensed fairly to all manufacturers. 26. Trademarks Protect names, phrases, symbols, or designs that identify and distinguish the source of goods or services of one party from those of others. Example: The Nike swoosh logo.