Useful law concepts

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15 flashcards · Law · by lakesare

1. What is a patent?

   Needs to be applied for. It's all about innovation. Patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. Patent provides a protection for 20 years, and can't be renewed.

2. What is a copyright?

   Once you create an original work, you own a copyright. Copyrights last for the life of the author and 70 years. Only protects tangible medium, you can't protect your idea unless you put it into actual recording, into something that can be copied. If a work was created during your job, your boss owns the copyright.

3. What is a trademark?

   Slogan, logo, combination of colours used by one enterprise on goods to distinguish it from other similar goods

4. What is intellectual property?

   Property whose value stems from some idea, that is not commonplace (you can't claim that you wrote a cinderella story, or that you invented a wheel). It needs to be tangible, in fixed and accessible form (video, designs). By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

5. Name 3 examples of intellectual property rights.

   patent copyright trademark

6. Why do intellectual property rights exist?

   To promote the science/art by increasing our stock of knowledge. So law tries to balance between: rewarding content creators by granting them ownership rights allowing use of created content in order to reward creativity

7. Can a computer program be patented?

   If it offers some technical novelty.

8. Infringement of patent VS copyright?

   patent concerns technical content of the work rather than a particular way it was coded. copyright will be infringed if direct copy is made. Patent of the algorithm: copypasting - infringement implementation in other language - infringement Copyright of the algorithm: copypasting - infringement implementation in other language - ? maybe not.

9. Libel VS slander?

   Both are false defamatory statements, that the author doesn't believe to be true. libel - written, in permanent form slander - spoken, in temporary form

10. What is plausible deniability?

    Ability to deny knowledge of some damnable action. E.g., programmer may plausibly deny they introduced a backdoor into the software.

11. What is modus operandi in criminology?

    Someone's habits of working, particularly in the context of business or criminal investigation. It is a Latin phrase, approximately translated as method or mode of operation.

12. What's a sting operation?

    Deceptive operation designed to catch a person committing a crime. E.g., posing as someone who is seeking illegal drugs to catch a supplier.

13. How is law setting maximum time after an event within which legal proceedings may be initiated called?

    Statute of limitations.

14. What is statute of limitations?

    Law setting maximum time after an event within which legal proceedings may be initiated.

15. Bibliography vs annotated bibliography vs references list?

    Bibliography: list of all of the sources you have used (whether referenced or not) in the process of researching your work. Annotated bibliography: followed by a brief description of the content, quality, and usefulness of the source. References list: is only comprised of references to those items actually cited in the paper. Links: explanation