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46 Cards in this Set
- Front
- Back
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Rationale of trademarks |
Identify origin of goods Distinguish without confusion Vehicle for advertisement - mark that sells the product meaning |
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Rationale for patents |
Encourage innovation By providing limited monopoly In return for disclosure of the invention Incentive to study new technology |
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3 nature problems with IP territoriality |
Limited to the territory granting - no tangible subject matter is protected by one uniform world wide right Protection of legal effects limited to territory Enforcement by courts to other MS |
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Response to IP territoriality |
Paris convention Berne convention |
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Two centered principles |
Nations treatment Minimum standards of IP protection (recognition and protection) |
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3 criteria for trademark |
Sign Capable of being graphically represented Distinctive |
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Graphic representation (7) |
Clear Precise Self-contained Easily accessible Intelligible Durable Objective |
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Distinctiveness |
Likelihood of confusion |
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Unregisterable trademark (5) |
Descriptive Generic Badges ... particular public interest Deceptive Shapes |
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US trademark filing |
Examination period (1 month) USPTO publishes mark (3 months) Registration Certificate issued |
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Advantages USPTO |
Publicly declared ownership Online database Legal action R symbol |
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The marks spectrum |
Descriptive Suggestive Arbitrary Fanciful |
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Sui generis |
Specifically and exclusively |
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Rights provided by GI |
Prohibits commercial use of similar + reputation Misuse, imitation or evocation Misleading |
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6 conditions to be infringement TM |
Use of sign by third party In course of trade Without consent Identical Use in relation to goofs Use affected the functions of tm |
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Three-point test |
On trademarks Sign used in course of trade? Similar? Likelihood of confusion?
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Average consumee |
Reasonable well informed and observant and circumspect Direct comparisons Imperfect picture Attention varies |
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Likelihood of confusion |
Mere association is not enough |
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Revocation |
5 years lack of genuine use Common name not taken enough to prevent Misleading |
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Revocation |
5 years lack of genuine use Common name not taken enough to prevent Misleading |
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Why do people invent |
Economic reasons Scientific ambitions Necessity |
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Revocation |
5 years lack of genuine use Common name not taken enough to prevent Misleading |
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Why do people invent |
Economic reasons Scientific ambitions Necessity |
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Justification for patent protectikn |
Reward inventor Promote economic and technological progress Protect high valuable asset Assure public access |
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Requirements for patentability |
Novelty Inventive step Industrial applicability |
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Requirements for patentability |
Novelty Inventive step Industrial applicability |
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Novelty |
New State of the art Date of filing |
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Requirements for patentability |
Novelty Inventive step Industrial applicability |
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Novelty |
New State of the art Date of filing |
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Inventive step |
Not obvious to a person skilled in the art Average ability and knowledge |
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Requirements for patentability |
Novelty Inventive step Industrial applicability |
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Novelty |
New State of the art Date of filing |
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Inventive step |
Not obvious to a person skilled in the art Average ability and knowledge |
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Person skilled in the art |
Working experience in relevant field Standard knowledge Find relevant information |
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Acquisition of patent rights |
Examination system - long procedure but high certainty Registration system - short, cheap procedure, low certainty |
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Patent requirements (2) |
Patentable invention Clearly and completely defined and described |
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EPO procerdute |
Filing Preliminary examination A search report Publication of application and SR Substantive examination Grant and publication |
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Filing European patent application |
English, French, German Define invention and scope of monopoly - supports the claims, discloses the invention (clear and complete), and way of performing it Incl drawings An abstract - purpose of technical info Designation of invention Filing and search fees |
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Preliminary examination |
Formal requirements Opportunity to correct deficiency Filing date |
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Preliminary examination |
Formal requirements Opportunity to correct deficiency Filing date |
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Search depot |
EPO search division Non binding opinion - report Decision |
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Publication |
18 months EP bulletin Communication to world Third party comments Provisional protection
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Substantive examinatikn |
Request EPO to examine 6 months after publication |
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Grant of refusal |
Third parties may oppose, 9 months |
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Purpose of patent protection |
Exclusive exploitation Patent holder prohibit exploiting |
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Human genes |
May constitute a patentable invention |
