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Week6 Intellectual property - Coggle Diagram
Week6
Intellectual property
The forms of intellectual property
Intellectual property
(지적재산권)
Copyright
(저작권, 판권)
Ownership
Moral rights: independent from the economic rights;
the author of work has the right to be recognized as the author of the work & to object to any unwanted modification of the work
Rights that may be exploited in order to gain profit from the literary or artistic work(transferrable):
Reproduction of a work
Publication of a work
Distribution of a work
Economic rights: holds the exclusive rights to commercially exploit the work
Berne Convention
Limitation
Not all creative ideas fall under the scope of artistic and literary work (ex. facts and things that are generally known, formula, standards)
The author is not in all circumstances protected against the usage of his work (ex. quotations, for educational purposes, parody)
Duration: Copyright is protected for a relatively long period
Related rights
Neighbouring rights: rights to the fixation of a unique interpretation or context to existing work
Database protection
Industrial property
Patent
(Utility patents) (특허권)
Invention
Novelty
Involve an inventive step
Software patent
Semi-Conductor Chip Protection Act
WTO TRIPS agreement duration : 20 years
Industrial design
(Design patents)
WTO TRIPS agreement duration: at least 10 years
Breeders rights
(품종 보호권)
One can file a breeders right only when the new plant species is new, distinct, uniform and stable.
Duration: between 20 and 30 years
Trademark
Absolute grounds:
reasons for a trademark agency to refuse the filing
Relative grounds:
can refuse others from using a trademark
TRIPS agreement duration: 7 years
& possible to renew the trademark protection indefinitely
Company name
Jurisdiction challenges
Berne Convention:
Authors shall enjoy the copyright protection as regulated in the other 170 countries that are a member of the Convention
Priority right:
when an inventor files a patent in any of the states, competitors are unable to file a similar or likewise type of patent for the period of one year
Patent Cooperation Treaty
Unitary patent:
simplify the complicated procedure for all the Member states of the European Patent Convention
Madrid Agreement:
a trademark can be filed with one procedure at once in all Member States (does not have a universal scope)