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There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one of the following:
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Trademark protection depends on use in commerce, not registration. Both registered and non-registered trademarks are eligible for protection under the Lanham Act. However, registration (on the "Principal Register") affords several advantages: Nationwide trademark rights; A registered mark is presumed to be a valid trademark
Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and ...
Because of these differences in the legal doctrines of trademark and copyright, trademark law is less likely to come into conflict with fanfiction. [ 23 ] [ 24 ] [ 25 ] A brief note on non-U.S. perspectives: while other countries do not necessarily weigh the interests of trademark owners and other speakers in the same way, noncommercial and ...
Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a "one-fits-all" protection law on Intellectual Property has been viewed with controversies regarding differences in the ...
Trademark infringement occurs when a trademark is used by someone who does not hold that trademark in a way that causes actual confusion or a likelihood of confusion between the marks. Specifically, the Act prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive".
The functionality doctrine states that functional product features cannot be trademarked. Functionality is a recognized defense to trademark infringement in U.S. law. This defense prevents trademark protection from overriding patent protection by ensuring that no mark can be registered if it is functional as a whole. [35]
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