Priority right concerns all intellectual property rights

Assignment Help Business Law and Ethics

Reference no: EM133815057

Question

Answer yes or no ?

1. Softwares as such are copyrightable in the EU but not in the US.

2. Inventions based on softwares are excluded of the field of patentability by the EPC (European Patent Convention).

3. Priority right has been introduced into International IP Law by the TRIPS Agreement.

4. Priority Right concerns all Intellectual property rights.

5. Orphan works are not protected by copyright in the EU.

6. WIPO and WTO (World Trade Organisation) are equally in charge of the development of IPRs at the world scale.

7. According to the Convention establishing the WIPO, intellectual property shall include rights relating to scientific discoveries.

8. According to the EU regulations, Undisclosed Information cannot be protected as an Intellectual Property Right.

9. According to the EU regulations, Undisclosed Information cannot be protected as an Intellectual Property Right.

10. There is no uniform definition of Intellectual Property Rights at the international level.

11. The Paris Convention of 1883 has been substituted by the TRIPS Agreement as the main source of IP rights at the international level.

12. The Paris Convention of 1883 has been substituted by the TRIPS Agreement as the main source of IP rights at the international level.

13. The European Patent Convention (EPC) is an intergovernmental treaty signed by 45 members, extending beyond the EU and Europe, which governs the granting of patents.

14. US and European Patent laws both forbid the patentability of natural things such as genes or chemicals.

15. Basic requirements for patentability are: originality, inventive step, and utility.

16. An undisclosed information must be new to be protectable according to art. 39 of the TRIPS Agreement.

17. Thanks to the TRIPS Agreement, Customs now play a key role in the fight against counterfeiting.

18. Protection of Trademarks through use is recognized in most Countries.

19. "AMERICAN LIMOGES" for dinner wares is a deceptive mark.

20. "AMERICAN LIMOGES" for dinner wares is a deceptive mark.

21. The Priority Right may be sold to a third party.

22. The roar of a lion is a protected US Trademark.

23. A sign has not to be new to be protected as a trademark.

24. The shape which gives substantial value to a product can be adopted as a three-dimensional trademark.

25. The Madrid Agreement (1891) sets up a system to grant an International Trademark, enforceable in all member States designed in the application.

26. The Paris Convention of 1883 has been substituted by the TRIPS Agreement as the main source of IP rights at the international level.

27. The Doha Round failed to establish a multilateral system for registration of geographical indications.

28. In Patent Law, the "inventive step" requirement means that the inventor deserves it.

29. The same good can be protected by several IPRs.

30. Orange colour as such can be registered as a trademark in the EU.

31. Copyright law does not apply to the internet in numerous countries.

32. The duration of the priority right is 18 months for Patents.

33. Competition Law may block the enforceability of IPRs in the EU.

34. Duration of copyright depends on the life of the author.

35. Exceptions to copyright are all determined by national laws, even within the EU.

36. A product infringing IPRs in France can be a lawful product in Germany.

37. Perfumes may be registered as European (Unitary) Trademarks.

38. Supplementary protection certificates (SPCs) protect only medicines.

39. TRIPS forbids member States to conclude Multilateral agreements related to IPRs.

40. A sign which is similar to a previous trademark and used for similar products is infringing this trademark.

41. According to the TRIPS agreement, new Plant varieties are protected by a patent or by a "sui generis" right.

42. Traditional Knowledge are protected internationally.

43. Domain names are exclusive IP rights.

44. Databases may be protected by Copyright and a sui generis right in the EU and in most countries.

Reference no: EM133815057

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