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44 Cards in this Set
- Front
- Back
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What is intellectual Property? |
Creations of the mind E.G. Ideas, inventions (patents), books, music, poetry, films (copyright) and signs (trademark) |
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What are the two meanings of property? |
*Ownership (title) *Property = the thing itself |
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Intellectual Property is a chose in _________ |
Chose in ACTION = intangible |
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Can intangible copyright be dealt with in the same way as tangible property? |
Yes E.G. bought, sold, gifted, licenced/left in will etc |
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Can intellectual property be used by many people simultaneously? |
Yes |
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What are some/the six statutory Acts that covers Intellectual Property? |
* Copyright Act (1994) *Trade Marks Act (2002) *Patents Act (2013) *Designs Act (1953) *Plant Varieties Act (1987) *Layout Designs Act (1994) |
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What does the Copyright Act (1994) set out? |
*Creates statutory regime for the protection of authors *Last for 50 years + life of author *Symbol = © = copyright arises automatically *There is NO registration system (in NZ) |
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What does the Trade Marks Act (2002) set out? |
*Creates a registration system - s5 of Act defines a trademark as a sign *International Classification system for goods & services (NICE) *Lasts for 10 years or forever (if you keep paying) *Can have unregistered marks - often marks that wont pass criteria for registration = no protection |
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What does the Patents Act (2013) cover? |
*Protects idea & inventions *Lasts 20 years *registration system *inventions and industrial processes |
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What does the Designs Act (1953) cover? |
*Industrial designs such as patterns on carpets and china/pottery *Registration system *Lasts 15 years |
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What does the Plant Varieties Act (1987) cover? |
*Plant varieties (patents for plants) *Lasts 20-23 years (depending on the plant) |
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What does the Layout Designs Act (1994) cover? |
*protects circuits for electrical equipment *Lasts 5 year + 2 renewals = 15 years total |
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What are the two Non-statutory way to protect Intellectual Property? |
*Breach of Confidence (equitable action) E.G. Coco v Clark *Tort of Passing off |
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What are the 3 steps you need to price there was a breach in confidence? |
1) Serious information (not trivial) 2) information was in confidence 3) Harm is caused at the expense of another |
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What is the Tort of Passing off? |
Where a trader passes off good as those related to another business with greater reputation. E.G. An older product on a shelf with a reputation is next to another similar product. Customers may get confused. |
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What is a "Negative Right"? |
The right to prevent others from doing certain things. (mandatory injunction) |
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What does "Territorial" mean? |
National law. Does not apply overseas, only in NZ |
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What does it mean to be"Registered& Unregistered"? |
Some rights must be registered to become effective (e.g. patents & designs). |
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Is there a registration system for Copyright? |
No |
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What does it mean to commercialise or exploit your intellectual property? |
Collect royalties by buying, selling, licencing or franchising. E.G. Copyright licence, Patent Licence, Trademark user agreement |
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What is the purpose of the Copyright Act (1994)? |
Prevent the unauthorised reproduction by a third party of another's work. |
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What does s14 of the Copyright Act (1994) state? |
*Copyright is a property right *Exists in accordance with the Act - as interpreted by the courts |
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For something to be "original" in terms of the Copyright Act (1994), it must ____________ |
Not be copied (s14 of the Copyright Act (1994)) |
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What are some/the 5 most important categories of works? |
*Literary *Dramatic *Musical *Artistic *Sound recordings & Films |
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Is there registration requirement for copyright? |
No! There is no registration system. Copyright comes into act as soon as the work is produced |
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How long does copyright last for? |
The length of the authors life + 50 years |
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Copyright does not exist in literary or dramatic or musical unless and until ___________ |
the work is recorded, in writing or otherwise |
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Does the creator of the work have to be an NZ citizen or resident or company or a citizen or resident or company of a recognised country? |
Yes |
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Is there and aesthetic requirement of a product? |
No |
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Is there a requirement of quality, merit or professionalism of a product? |
No |
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What does s15 of the Copyrights Act (1994) state? |
All works have to be recorded |
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What is an "Artistic Work"? |
Graphic work including painting, drawing, diagram, map, plan, blueprints, advertisements, prototypes and things made from them |
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What are the copyright owners rights? |
The right to copy or make copies, perform the work, translate it, transform it (book -> play) UNDER s16 of Copyright Act (1994) |
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What are the three principles of primary infringement? |
*Causal connection - link between original & copy *Objective similarity - doesn't have to exact copy *Substantial copying - features being copied |
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What is the House of Spring Gardens v Point Blank Ltd (1983) case about? |
Oversaw the making of a bulletproof vest, was copied and replicated = breach |
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What is the Beckmann v Mayceys Confectionary case about? |
Two companies who manufacture and sell lollies in the shape of a crocodile. The two products were similar |
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What did the courts hold in the Beckmann v Mayceys Confectionary case? |
If the two artists sketch the same common object necessarily there will be a close resemblance. But each product had been designed independently. Anyone was free to make a model of a crocodile and use it to make moulds so long no copy respondent's model or a substantial part of it. |
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What is the Wham-O Mmanufacturing v Lincoln Industries (1984) case about? |
The Plaintiff were the original owner of a Frisbee and they had an agreement with Toltoys (Australian company) who then secretly gave information about the Frisbee to Lincoln Industries. Lincoln registered the trademark without permission from Wham-O |
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What did the Courts hold in theWham-O Mmanufacturing v Lincoln Industries (1984) case? |
Wham-O, being an American company, sent their legal team to New Zealand and was entitled to damages for every disc sold in the past 6 years. As well as a Mandatory injunction to get Lincoln's 'Frisbee' trademark removed from the register |
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What Equitable remedies are there for a Breach in the Copyright Act (1994)? |
*Injunction *Delivery up of infringing copies *Account of profits |
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What are Equitable Remedies always?
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Always discretionary (The court can choose) |
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What Common Law Remedies are there for a Breach in the Copyright Act (1994) |
*Damages |
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What Criminal Prosecutions are there for a breach in the Copyright Act (1994)? |
Criminal Liability - More serious than damages/injuntions |
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Can you trademark colours? |
Yes E.G. Cadbury Chocolate = purple |
