4900 Chapter 17

Licensee will often ask for __________ when exploitation of the IPRs require significant financial or other costs to the licensee.

exclusive rights

New Zealand - Comite Interprofessionel du Vin de Champagne v. Wineworths Group, Ltd. was a case about _____________________. Australian company grew and fermented wine in Australia but sold it in NZ labeled as "champagne," thus passing off Australian wine as a product of France's Champagne. NZ court decides that this is deceptive marketing and enjoyed the Australian imported from using the word champagne in NZ.

geographic indications

The US does NOT recognize __________________ which refer to where a product, particularly wine or liquor, is marketed by reference to a geographic region

geographic indications

KEY ELEMENTS OF A LICENSING AGREEMENT (1) ____________________: involve restricting where the licensee can sell products made with those transferred intellectual property rights within a certain geographic location. (2): ___________________ restrict the application for which the licensee may employ the IPR (3) _____________________: IPR Condition of Use common if the licensor plans to use the licensee as a source of products for the licenser's own distribution requirements. (4): ______________________: Licensee pledges to develop a market for the products manufactured with the IPRs and must meet specific marketing targets under pain of losing its license (5) _____________________: payments for material that has been copyrighted, or legally declared as belonging to the creator

geographical limitations; field of use limitations; output or customer restrictions; best efforts; royalties

when negotiating over ownership and use rights if the licensee develops improvements in the licensed tech or creates new inventions based on that tech, the licensor may seek a _____ ______ to itself of ownership in or at least the right to use- often without compensation- such new tech

grant back

____________________ is the resale of goods between countries without the authorization of the owner of the intellectual property (IP) rights associated with those goods

parallel trade

The Harvard Mouse, GloFish, and Aqua-Advantage Salmon are all examples of:

patented animals

________________ include processes, recipes, inventions

patents

A _________________ is a property right awarded for a new and non-obvious process, machine, or composition of matter that has a useful function

utility patent

Apple v. Samsung is ongoing litigation over what (2 things)

design and utility patents

________________________ was a case in which a man genetically-modified a bacteria that "eats oil". He was initially denied a patent, but SCOTUS said living organisms, or compositions of matter, were patentable if manufactured.

Diamond v. Chakrabarty

The _______________ established a centralized utility patent application process under WIPO The ________________ established a single standard design patent application process.

Patent Cooperation Treaty; Geneva Act

_______________ of the Tariff Act of 1930 prohibits the importation of articles that infringe a US patent, trademark, or copyright. Enforced by __________

Section 337; ITC

The commercial development of naturally occurring biological materials, such as plant substances or genetic cell lines, by a technologically advanced country or organization without fair compensation to the peoples or nations in whose territory the materials were originally discovered is called:

biopiracy

Paul Ecke's Poinsettia Patent is an example of a ____________ patent

biotech

_________________ is the form of IP licensing that covers artistic and creative works

copyright

TVBO Production Limited v. Australia Sky Net Pty Limited was a case in which TVBO's (a Chinese company) broadcasts were illegally intercepted and then broadcast by four companies in Australia. The court found the defendants guilty of ________________________ and granted TVBO its requested relief.

copyright infringement

Mickey Mouse Protection Act extended ______________ protections ______ years of protection after the author's death OR _____ years of protection from the date of publication for corporate authors

copyright; 70; 95

The Berne Convention is a multilateral agreement offering international protections for:

copyrights

Mobile Communications v. WebReg was a case involving ___________________. WebReg purchased Mobilcom.com for the purpose of cybersquatting and attempted to sell the name back to Mobilcom.com for $35k. Decision: In accordance with the UDRP, the panel ordered the domain name be transferred to the complaintant, because it was purchased in bad faith.

cybersquatting

_________________ laws protect the URL of trademarked company names. If a company has a trademark, they have the rights to the internet domain & can take it from an entity that already has it

cybersquatting

Kirksaeng v. John Wiley & Sons (2013) was a case involving ___________________. Cornell student buying & reselling Thai textbooks SCOTUS said this was not copyright infringement because of the "first sale" rule. This rule does NOT apply to ______________ (or e books) because you don't purchase it, you license it (meaning you don't own it/have resale rights)

grey market goods; software

GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires signatories to enact ___________________________ and to create a viable ______________.

minimum substantive standards of protection; enforcement mechanisms

The Convention for the Protection of Industrial Property, or the Paris Convention, ensures _________________ for foreign trademark and patent applicants in all signatory countries

national treatment

_______________ are a form of IP that are nonpublic, proprietary, competitive

trade secrets

A. Bourjois & Co. v. Katzel Katzel bought quantity of face powder in France and sold it in the US with packing that was similar to A. Bourjois' already registered trademark. A. Bourjois sued for ________________________. A Bourjois was granted preliminary injunctions (hurts U.S. consumers because products are more expensive)

trademark infringement

The Madrid Protocol allows international registration for _________________ in over 100 countries

trademarks

The most powerful form of intellectual property is:

trademarks

_______________ include logos, slogans, jingles

trademarks

4 types of intellectual property

trademarks, copyrights, trade secrets, patents

Lacoste v. Crocodile International was a case involving ______________. Lacoste lost because the pattern of Crocodile International's shirts and the fact that it was for a children's line (that Lacoste didn't have) there was no chance of __________________

trademarks; customer confusion