Transfer
Expert-defined terms from the Professional Certificate in Intellectual Property and Copyright Law course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
Abstraction #
Filtration-Comparison Test: A test used to determine whether a claimed invention is patentable, and if so, the scope of the patent protection. The test involves three steps: (1) Abstraction: identifying the fundamental concept embodied in the invention; (2) Filtration: determining whether the claimed invention is directed to a patent-ineligible concept, such as a law of nature, natural phenomenon, or abstract idea; and (3) Comparison: evaluating the elements of the claimed invention to determine whether they transform the patent-ineligible concept into a patent-eligible application.
Copyright #
A form of intellectual property protection that gives creators of original works exclusive rights to reproduce, distribute, display, and perform their creative works for a limited period of time. Copyright protection covers a wide range of works, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Derivative Work #
A new work that is based on an existing work, but contains new originality and creativity. A derivative work may include modifications, adaptations, or transformations of the original work, and may be protected by a separate copyright. Examples of derivative works include translations, musical arrangements, and movie adaptations of novels.
Fair Use #
A legal doctrine that permits the use of copyrighted material without obtaining permission from the copyright owner, under certain circumstances. Fair use is a complex and subjective analysis that considers four factors: (1) the purpose and character of the use, including whether the use is commercial or nonprofit; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect of the use on the market for the original work.
Freedom of Expression #
The right to express oneself without censorship or restriction, subject to certain limitations, such as defamation, obscenity, and incitement to violence. Freedom of expression is protected by international human rights law, as well as many national constitutions and laws.
Infringement #
The unauthorized use or reproduction of a copyrighted work, trademark, or patent, that violates the exclusive rights of the intellectual property owner. Infringement may result in legal liability, including damages, injunctions, and criminal penalties.
International Convention for the Protection of Performers, Producers of Phono… #
The Rome Convention requires parties to provide legal protection for performers, producers, and broadcasters against unauthorized use of their performances, recordings, and broadcasts.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITP… #
The ITPGRFA establishes a multilateral system for the exchange of plant genetic resources, and provides for the sharing of benefits arising from the use of these resources.
Moral Rights #
The rights of authors and creators to claim authorship of their works, and to object to distortions, mutilations, or other modifications that would harm their reputation or honor. Moral rights are protected under international law, as well as many national laws, and are separate from the economic rights granted by copyright.
Open Source #
A model for the development and distribution of software that is based on the principles of transparency, collaboration, and community involvement. Open source software is typically made available under a license that permits users to access, modify, and distribute the source code, under certain conditions.
Patent #
A legal right granted to inventors that gives them the exclusive right to make, use, and sell their inventions for a limited period of time. A patent is granted for a new, useful, and non-obvious invention, and provides a monopoly on the invention for a period of 20 years from the filing date.
Performance Rights Organizations (PROs) #
Organizations that represent the rights of songwriters, composers, and music publishers, and collect royalties on their behalf for the public performance of their musical works. PROs include organizations such as ASCAP, BMI, and SESAC in the United States, and PRS for Music in the United Kingdom.
Plant Breeders' Rights #
A form of intellectual property protection that gives breeders of new plant varieties the exclusive right to produce and sell their varieties for a limited period of time. Plant breeders' rights are granted for new, distinct, uniform, and stable plant varieties, and provide a monopoly on the variety for a period of 20-30 years.
Public Domain #
The state of a work that is no longer protected by copyright, trademark, or patent, and is freely available for use by the public. Works may enter the public domain due to the expiration of copyright, the failure to renew a copyright, or the application of certain legal doctrines, such as fair use or merger.
Trademark #
A recognizable sign, design, or expression that identifies the source of goods or services, and distinguishes them from those of other businesses. Trademarks may be registered with a national or regional trademark office, and provide the owner with exclusive rights to use the mark in connection with the goods or services for which it is registered.
Traditional Knowledge #
The knowledge, practices, and innovations of indigenous and local communities that are passed down from generation to generation, and are often related to the use of natural resources. Traditional knowledge is an important source of cultural heritage, and is increasingly being recognized as a valuable form of intellectual property.
Trans Pacific Partnership (TPP) #
A multilateral trade agreement between 12 Pacific Rim countries, including the United States, Canada, Japan, and Australia. The TPP includes provisions on intellectual property, including copyright, trademarks, and patents, and aims to promote innovation, creativity, and economic growth.
User #
Generated Content: Content that is created by users of online platforms, such as social media sites, blogs, and wikis. User-generated content may include text, images, videos, and other forms of media, and is often shared and distributed widely online. The legal status of user-generated content is complex, and may be subject to copyright, trademark, and other forms of intellectual property protection.
World Intellectual Property Organization (WIPO) #
A specialized agency of the United Nations that is responsible for promoting the protection of intellectual property rights worldwide. WIPO provides a forum for the negotiation of international treaties and agreements on intellectual property, and offers technical assistance and training to developing countries.
World Trade Organization (WTO) #
An international organization that is responsible for promoting free trade and resolving trade disputes between member countries. The WTO includes provisions on intellectual property, and provides a forum for the negotiation of trade agreements and the resolution of intellectual property disputes.