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LAW and IP - Coggle Diagram

- - - - Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
        
        The causation between the defect and the loss has to be proved (or at least be claimed) by the consumer. Thus, it is for the defendant to prove the absence of such causation.
    - - The contradictoriness is in the widespread opinion that antitrust law and IP law pursue opposite purposes – the former was designed to ensure competition and prevent monopolization in the markets, but the latter was designed to provide rightholders with a legal monopoly to use the results of their intellectual activity.
    - - Intellectual property is owned and legally protected by a company from outside use or implementation without consent.
    - - Lawsuits are expensive and inconvenient, but employee litigation can be even more painful for companies, executives, and managers. This kind of litigation can also expose information that companies would rather keep quiet.
    - - Litigation respecting parties' expectations, rights and obligations arising out of agreements is one of the cornerstones of commercial litigation.
    - - When officers and directors breach their duties and abuse the power of their positions, shareholders are entitled to file legal claims against the wrongdoers. The large proportion of shareholder lawsuits tend to be frivolous and waste firm’s assets.
  - - - In 2012, Apple was sued by Evelyn Paswall. In one of the Apple stores, an 83-year-old American woman crashed into a glass wall and broke her nose. Her complaint to the iPhone manufacturer was that Apple strives to follow design trends, but does not think about the fact that the same glass walls can be dangerous for people.
    - - 79-year-old woman bought a glass of coffee at Mac Auto, put it between her legs, pulled the lid on herself, and spilled the hot drink. As a result, McDonald's was sentenced to a fine of $ 2.7 million plus $ 1.6 thousand to cover medical expenses.
- - - - is concerned with the rights of authors, artists, musicians, film makers and other creators of artistic works.
      - can be considered automatic
      - exclusive right to produce and sell copies of the material
        
        fair use doctrine
        
        Fair use doctrine provides a set of guidelines pursuant to which researchers, educators, scholars, and others may use copyrighted works without seeking permission from the copyright holder or paying royalties.
    - - Any sign which identifies a particular brand or product (e.g. a word, phrase or logo)
      - must be distinctive
      - cyberquatting
        
        the use by another of a domain name that is substantially similar to the trade mark
        
        remedies
        
        Damages
        
        Injuctions
    - - patent trolls
        
        associations of not particularly conscientious lawyers with owners of little-known patents
        
        trolls look for holes in the patent of some well-known company, then the owner of the patent for a similar innovation and begin to sue
      - poor quality of patents
      - have to be registered to be enforceable
      - prevent others from making or using an invention
        
        statutory period of years
      - series of tests
        
        novelty
        
        originality
        
        usefulness
        
        non-obviousness
  - - - Trade secrets are a type of intellectual property that comprise formulas, instruments or compilations of information that have inherent economic value because they are not generally known by others, and which the owner takes reasonable measures to keep secret.
        
        the main reason for favouring secrecy over patents is security because other companies can simply pinch them.
        
        Most trade-secret thefts involve insiders.
    - - An industrial design right is an intellectual property right that protects the visual design of objects.
    - - The tort of passing off protects the goodwill of a trader from misrepresentation.
- - - - The know-how is protected by the trade secret regime. The company restricts the number of people who have access to classified information, and employees sign a non-disclosure agreement.
  - - - considerable fine
      - mandatory work
      - real imprisonment
- - - - find out whether it is possible to consider the case
    - - The judge proceeds to report on the claims, the circumstances and the existing objections. If the parties do not want to reconcile, then the speeches of the parties begin
    - - series of speeches by the participants in the case.
    - - Settle out of court
      - Compensation
      - If, when making a decision, the judge understands that there is a need to clarify new circumstances, the proceedings in court will resume.
      - If there is no need for this, then after the decision is made, the judge (or jury) returns to the hall in which the court is held and announces the decision.
      - dismissal of charges
  - - - A plaintiff is the person who brings accusations against the defendant.
    - - In legal proceedings, the defendant is the party against whom charges are being brought.