289366
Description
Mind Map by jennysalex, updated more than 1 year ago
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Created by jennysalex
over 10 years ago
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Intellectual Property
- Copyright
- Granted to authors of intellectual creations, to exclude others from doing/ using their work
- literary, artistic and musical works, sound recordings, broadcasts, computer programs
- protects MATERIAL expressions of ideas, not s.t registration
- right of reproduction, performance.
- literary, artistic and musical works, sound recordings, broadcasts, computer programs
- Duration–Life of Author+50years
- Law
- Copyright Act of 1978
- WIPO Copyright Treaty, 1996
- WIPO Copyright Treaty, 1996
- Copyright Act of 1978
- Related rights are not copyright but are related in
that they are derived from a work protected by
copyright - acts that involve a work
being brought to the public.
- Granted to authors of intellectual creations, to exclude others from doing/ using their work
- Creations of their minds. They usually give the creator an exclusive right over
the use of his/her creations for a certain period of time
- Trademarks
- a sign that distinguishes the goods/services of
a given enterprise from thier competitors
- distinguishing function, must not be merely
descriptive. e.g apple fruit(des) v apple comp
- distinguishing function, must not be merely
descriptive. e.g apple fruit(des) v apple comp
- Requires
- registration for the particular class of g&s
- Excludes
- Sign that is not capable of distinguishing
- no bona fide intention to use
- identical/confusingly similar to prior application
- Well known mark, notwithstanding lack of use in SA
- Mark illegal or contra bonos mores
- Mark illegal or contra bonos mores
- Well known mark, notwithstanding lack of use in SA
- identical/confusingly similar to prior application
- no bona fide intention to use
- Sign that is not capable of distinguishing
- registration for the particular class of g&s
- Trade Marks Act 1994
- The Paris Convention for the
Protection of Industrial Property, 1883
- The Paris Convention for the
Protection of Industrial Property, 1883
- Lifespan: Forever if renewed every 10yrs
- a sign that distinguishes the goods/services of
a given enterprise from thier competitors
- Patents
- Monopoly awarded to co. with new solutions to TECHNICAL problems
- Requirements
- new (novelty)
- non-obvious or inventive step
- Capable of being used in trade, industry or agriculture
- Excludes: scientific theories, mathematical methods, discoveries, methods of medical treatment
- Excludes: scientific theories, mathematical methods, discoveries, methods of medical treatment
- Capable of being used in trade, industry or agriculture
- non-obvious or inventive step
- new (novelty)
- Duration–20years
- Law
- Patents Act 1978
- Patent Co-operation Treaty, 1978
- Patent Co-operation Treaty, 1978
- Patents Act 1978
- Monopoly awarded to co. with new solutions to TECHNICAL problems
- Geographical Indications
- Champagne
- Champagne
- Industrial Designs
- Layout-Designs
- Protection of Undisclosed Information
- not tangible
- The holder of the right can disseminate the object
of the right repeatedly without losing control of the
creation
- The holder of the right can disseminate the object
of the right repeatedly without losing control of the
creation
- Unfair Competition
- Elements
- Unlawful act
- Deliberately or negligently committed
- Must cause/be likely to cause patrimonial loss
- Must cause/be likely to cause patrimonial loss
- Deliberately or negligently committed
- Unlawful act
- Common Law
- Elements
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