FBE 429 Chapter 17

Exclusive Rights

Granted by a company in an attempt to enhance it's chances are getting a better return on its investment.

Prior Approval

Governments strictly regulate patent transfer i.e. Texas Instruments can't get a patent transfer from the main branch in the US as a Japanese measure to let domestic firms catch up technologically. Need approval from gov't to transfer beforehand

Copyrights

There to protect literary or artistic works

Franchising

arrangement in which the licensor permits the licensee to sell goods under the licensors trademark or service under a franchising agreement. To keep up quality the licensor will have standards in place the licensee must meet as to not devalue the trademark.

Utility Patent

broad range of applications. An invention is useful if it provides some identifiable benefit and is capable of use. PCT only applies to utility patents

Royalty

the licensing fee for using intellectual property

Transfer of Technology for a Joint Venture

Can be a good idea for a firm by getting better access to R&D or other resources of a foreign company. Access to foreign labor could also be a factor.

Berne Convention

Dealt with creating a protection system for copyrights

EPO

European Patent Office

FRAND

Fair Reasonable And Nondiscriminatory terms are used for industries that have common standardization so devices from competing firms can be compatible with one another.

Gray Market

If a japanese company were to license a product to a firm in china with a five year non compete agreement and the five years pass, then the chinese firm then exports the legally licensed product back to japan to compete with the japanese products.

Notification-Registration Schemes

More open. Example explains best In some special economic zones in China, a foreign investor would have to compensate a local licensee for losses it incurs on sales of the transfers

OHIM

Office for Harmonization in the Internal Market: the avenue for enforcing authority on trademarks

Nonobvious Patent

Patent that involves a new inventive step to an existing process

Grant back

Say Northrop Grumman in the United States leases it's production line to a turkish firm. The turkish firm finds a more efficient way to run the production line, but Northrop can attempt to get the right to use or ownership of the new technology.

Biopiracy

Taking a plant from a country for research then genetically modifying it and then patenting that plant design.

License

a limited permission to use a US firms trademarks, copyrights, or know how in making products for sale in the vicinity of the foreign company's country.

Trademark

a symbol, word, or words legally registered or established by use as representing a company or product

Useful Patent

patent for a invention capable of an industrial application

Design Patent

patents protecting the ornamental features of an article of manufacture

Design Patents

protects the ornamental features of an article of manufacture.

Patent Cooperation Treaty

supplemented the paris convention by establishing a centralized utility patent application process.

Compulsory Licenses

when a government allows someone else to produce the patented product or process without the consent of the patent owner.

Geographical Indications

where a product, mostly beer or liquor, is marked by reference to a geographic region