This class was created by Brainscape user Mark Kram. Visit their profile to learn more about the creator.
By:
Mark Kram
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Decks in this class (15)
Week 1
Trademarks. Sources of law (international, European, national). Regulatory instruments. Modern notion of trade mark. Definition of a trademark. Conventional and unconventional trademarks. Certification marks. Collective marks. Unregistered trade marks
63
cards
Week 2
Trademarks. Functions of trademark. The notion and the meaning of the case-law of CJ EU. Requirements for protection. Classification of Goods and Services. Nice Agreement.
99
cards
Week 3
Trademarks. Absolute and relative grounds for refusal. Is it a need for substantive examination? Acquired distinctiveness.
62
cards
Week 4
Trademarks. National, European and international routes for obtaining trade mark protection. Brief characteristic of the procedures. Time and territory of protection. The requirement of genuine use. Well known and reputed trademarks.
64
cards
Week 5
Trademarks. Exclusive rights conferred by registration. Exhaustion of the rights conferred by trade mark. Trademark infringement. Enforcement possibilities. Remedies.
78
cards
Week 6
Designs. Sources of law (international, national, European). The notion of design. What can and what cannot be protected as design. Understanding of novelty and individual character. Concept of informed user.
72
cards
Week 7
Designs. Subject-matter of protection. The notion of product. Designs as complex products. Component parts. Non-visible parts or components. Must-fit pieces must-match items. Spare parts.
38
cards
Week 8
Designs. Entitlement to rights. Registration procedure. Effects of registration.
42
cards
Week 9
Designs. Specificity of Community Design. Protection of unregistered industrial designs.
25
cards
Week 10
Designs. Enforcement possibilities. Overlaps (copyright, unfair competition).
75
cards
Week 11
Geographical indications. Concept of protection. Sources of law. Different types of GIs. Ways of protection.
3
cards
Week 12
Unfair Competition. What is understood as unfair competition. The notion of unfair competition act. National laws and their divergences. Passing off in the UK and US. French approach. General clause approach. International laws (Paris Convention, TRIPS Agreement). Regional laws (EU directives).
0
cards
Week 13
Unfair Competition. Variety of unfair competition acts. Protection of trade names, product imitations, denigration, false statements, unfair advertising (misleading, comparative, etc.), free riding, etc. Concept of misleading practices.
6
cards
Week 14
Trade Secrets. Trade secrets and know-how. Legal construction of protection. Unfair competition act as the source of protection. EU directive on the protection of undisclosed know-how and business information.
19
cards
Week 15
Brand Management. Branding. Brand Management. Exploiting brands (licensing, co-branding, franchising, character merchandising, nation branding).
0
cards
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mip trademarks
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