IPR laws

Question 1

For how long does a design right last? And what is an unregistered community design right?

Answer 1

It lasts for 25 years with 5 years at a time.

You also get automatic protection for your design even when unregistered for 3 years after it has been made public

Question 2

What is the function and purpose of a trademark?

Answer 2

1. Consumer protection – protecting the commercial origin of a certain product
2. Grant rights to trademark holders to promote fair and loyal competition – protecting the holder of a trade mark against competitors trying to use the goodwill of the mark

Question 3

What sort of marks can you get as a trademark?

Answer 3

A graphically representative mark such as:

• Word mark
• Figurative mark
• color mark
• Smell mark
• Sound mark
• 3D mark
• Non traditional (sound, hologram, multimedia, motion)

Question 4

What types of distinctiveness can a brand be called

Answer 4

• descriptive
• suggestive
• fanciful

Question 5

What is the questions to go through when determining whether something can be: TRADEMARKED

Answer 5

• Is it a mark? (Word, figurative, 3D, motion mark etc?)
• Graphically representable? (media file?)
• Is it distinctive?
• Grounds of refusal
  ○ Absolute grounds of refusal
  ○ Relative (do you have consent?)

Question 6

What is the questions to go through when determining whether something can be: PATENTED

Answer 6

• Tech solution?
• Invention? Non disc.
• Novelty?
• Inventive step?
• Ind. Application?

Question 7

What is the questions to go through when determining whether something can be: DESIGN RIGHT

Answer 7

• Design or visual appearance?
• Of industrial or handicrafted item?
• New?
• Individual Char.?
• Ground of refusal
           - Absolute
           - Relative

Question 8

What is the questions to go through when determining whether something can be: COPYRIGHT

Answer 8

• Artistic or literary work?
• Human being?
• Originality? Artistic height?