BTF3181 Chapter Notes - Chapter 7 : Trademark, Industrial Design Right, Toblerone
30 Oct 2018
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Document Summary
Intellectual property is something intangible of value that is the result of creative or intellectual efforts: practical application of a good idea for example: logo, brand name, signs, etc. Creators the person who wants maximum return from their innovation, need incentives to innovate, e. g. : patent in medical fields (development of new product) Society the person who wants the benefit of innovation, but does not favour monopolies, eg: distribute live saving to the society due to medical innovation: legal ip rights represents a compromise: In exchange for access after monopoly ends: legal protection, statute. Law formed by parliament (state or federal), Courts frequently need to interpret the statute: common law. Legal principles developed by judges over time that form law applicable to similar situation. Infringement is easier proven (infringement: violation of the terms of the agreement). Unlike the passing-off (common law), it does not necessary to prove the reputation .
