Intellectual Property Law Essay Questions Text

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note: on separate pages you can see frequently asked questions about patents. And weblaw.

what are the meanings of those letters in circles?

copyright 1993 to the present, oppedahl patent law firm llc. the r in a circle represents a trademark protected by a federal trademark registration. The m in a circle represents a mask work , protected under the mask work provisions of u.s. See what is a mask work? the p in a circle represents a phonograph or other sound recording protected under pertinent portions of the copyright law. Yet another commonly used symbol within a circle is the u within a circle, which has nothing to do with intellectual property, but which indicates that a product has been found to be kosher by the union of orthodox jewish congregations of america also known as the ou . The k in a circle indicates that a product is certified as kosher by the organized kashruth laboratories. How do i learn who's behind them? every year, kashrus magazine publishes an index to all the kosher symbols and the people behind them.

The cost is $3.00 us for one copy, $2.00 for two to ten copies, and $1.50 for 11 to 50 copies.

what is an orphan drug?

copyright 1993 to the present, oppedahl patent law firm llc. for a drug company, it is always desirable to have an exclusive market position. One way that a drug company can obtain an exclusive market position for a drug is to obtain a utility patent on the drug the exclusivity lasts for the 17 year term of the patent. Thus, while the patent system provides an incentive to discover new substances with medicinal benefits, it provides less of an incentive to investigate possible benefits from the use of an old substance to treat a present day health problem, since the old substance is not going to be patentable. One possibility is to secure method patent coverage on the newly discovered use of the old substance, but such coverage is often less strong than utility patent coverage on the substance itself. To provide an incentive to investigate possible new benefits from old substances, the orphan drug law was enacted.

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This law permits the fda to grant a seven year period of exclusive drug approval for a drug which satisfies the requirements of the orphan drug law, namely a drug for a disease or condition which is rare in the united states. For more information the reader is advised to consult competent counsel familiar with the laws and regulations relating to the fda.

what is gatt general agreement on tariffs and trade ?

copyright 1993 to the present, oppedahl patent law firm llc. the general agreement on tariffs and trade is a treaty to which the u.s. The latest, or uruguay round of gatt requires signatories to protect intellectual property and provide similar protection of intellectual property owned by nationals and foreigners. Some of the most important changes are discussed in articles in the oppedahl patent law firm llc newsletter for may 1995:

what is the wipo world intellectual property organisation ?

the world intellectual property organization is the organization that, together with pct departments within the patent offices of countries that are signatories to the treaty, administers the pct patent cooperation treaty program. The essay will deal with four specific areas of this topic – i intellectual property patents ii copyright i trade marks and iv industrial design law. The essay will deal with the nature of intellectual property rights, their scope and efficacy.

These rights accrue where something is created, such as where a scientist invents a machine that performs a certain function. Intellectual rights are legal rights, and they give the creator a right to ensure that a creation is not reproduced, without the authorisation of the creator. The intellectual property right therefore protects the creation, since the creation can, and usually is a saleable commodity. By extension the rights of the creator are also protected, because the creator may enforce these legal rights against any third party who attempts to reproduce their creation without authorisation.

Thus a creation attracts a range of legal protections that a creator can enforce, thereby protecting the profitability of the creation. Intellectual property rights can be transferred, as the right of protection is tied to the creation, more than it is to the creator, and this frequently occurs, for example in relation to the intellectual property rights in drugs that are owned originally by a given scientist, but transferred to the company that may employ the scientist, and fund their research. Intellectual property rights are protected depending on the nature of the item that is to be protected, and these protections can take specific forms such copyrights, or patents depending on the actual nature, properties and characteristics of what is to be protected.

A patent offers protection regarding the intellectual property rights in a new invention. Patent protection is more directed at the process through which a creation is created. There are certain criteria that apply to distinguish a patent as opposed to another form of intellectual property protection.