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Intellectual Property, Course Notes

In: Business and Management

Submitted By bimpage0
Words 1015
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MIP Course. Week 2. LEGAL PRINCIPLES OF IP LAW

Written Law
To be a law, it has to be written. Presumption of innocence (not like in US)

Case Law
Case that happened before, and to which we are referring. It is a reported decisions. Jurisprudence.

Every product has some patent, copyright or trade mark or IP protection. Even a vacuum.

Patent (=brevet)
It protect the concept of the construction of the article. Has to have: novelty, industrial steps, and has to have a commercial aim. Duration: 20 years. You have to reapply for it, or invent a new thing. It is a short-term monopoly. It is a negative right: to prevent other people to use it.

Trade marks (=marques)
Mickey Mouse was allowed an extension of its copyright by lobbying the US. So the firm was really powerful. * What is a trade mark? Symbol that can be a design, logo, words, colour, smell, sound. It is the mark of the maker. Trade mark is about goodwill towards the customer, to help them recognise the product they want. We cannot call something Champagne when it does not come from this region in France. * When did it appear? 1986: first registry trade mark. It is an old protection. * How can you protect your trade mark? You can register it at the IP Office. But if it becomes a work in the common usage, you cannot protect it anymore (Hoover, Kleenex, Aspirin). Sometimes, you find 2 same trademarks. But it is okay because they are in two different classes (two different sectors in the industry). It is to protect the merchant.
Class 41: Education; providing of training entertainment; sporting and cultural activities. This class contains mainly services rendered by persons or animals, as well as services intended to entertain or to engage the attention.
You have to pay a fee to register it at the IP Office.
International registration as well at WIPO. * Duration? 10 years,...

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