geographical limitations
When the licensor agrees to provide services to facilitate the anticipated activities, such as assistance in setting up an assembly line or other training and technical support, this is one way it can restrict the licensee's use of the transferred IPR. e.g. within a specific nation
field of use limitations
restrict the applications for which the licensee may employ the IPR. e.g. the licensor of a laser tech permits use of tech for medical applications but not for communications
output or customer restrictions
if the licensor plans to use the licensee as a source of products for the licensor's own distribution requirements
grant back
when negotiating over ownership and use rights if the licensee develops improvements in the licensed tech or creates new inventions based on that tech, the licensor may seek a grant back to itself of ownership in or at least the right to use-often without compensation-such new tech,
right of priority
date of the applicants foreign application is deemed to be same as the date of the applicants original application on the same invention, so long as the the foreign application was filed before the first anniversary of the original application.
european patent convention
effective in UE and switzerland. A single patent app covers all the member countires. 20 year patent period.
patent cooperation treaty
administrated by WIPO (world international property organization), addresses procedural requirements for obtaining a patent
Geneva act
establishes a single standard application and single design patent filing process. U.s. signed but not ratified
biopiracy
a term describing the ways that corporations from the developed world allegedly claim ownership of, free ride on, or otherwise take unfair advantage of, the genetic resources and traditional knowledge and technologies of developing countries
community trademark regulation
EU system that has allowed single multinational trademark registration
Madrid protocol
The system allows trademark owners to seek protection in as many as 82 countries with a single application and fee. Including U.S. but no the EU, Australia, Japan and many other nations.
Berne Convention
international treaty that protects copyrights among signatory nations. unlike the paris convention, Berne requires signed nations to enact certain minimum substantive laws. Copyright symbol and year of authorship to provide copyright protection. automatic national treatment at the moment of creation rather than the time of filing.
utility patent
An intellectual property protection form that has the potential for extensive coverage of processes, machines, the manufacture or composition of matter, and new and useful improvement.
TRIPS
requires every member state to enact minimum standards of protection and create viable enforcement mechanism. Basically, forced other countries to follow U.S. Europe intellectual property laws. requires every WTO member to abide by the paris berne conventions. 50 yr copyright protection. Must recognize licenses and their 20 yr protection.
Sherman Antitrust
this was a law that made it illegal to create monoplies or trusts that restrained free trade
Clayton act
Corrected the problems of the Sherman Antitrust Act; outlawed certain practices that restricted competition; unions on strike could no longer be considered violating the antitrust acts
Competition law
European version of antitrust law
Treaty on the Functioning of the European Union
Members of the EU pledged to regulate anticomptetitive actions within the union and outlaw the abuse of dominant market power.