429 Ch. 17

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.