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Month: February 2021 (page 1 of 3)

📚 What is a generic name?

🔖 A generic name in the sense of trademark law refers to a product name established by operation of law or by usage as a generic term. m. When considering whether a term is generic, national and/or industry standards are considered. If a relevant sector of the public believes that a name is capable

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🌟 What is trademark distinctiveness?

📜®™ Trademark distinctiveness refers to the features that enable a trademark to distinguish the source of a product or service. If a sign is incapable of identifying the source of a product, it does not function as trademark.

🛈 Source: https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1056.pdf

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🚫 What is not copyrightable?

📝 Copyright protects original works in the cultural and artistic domains, and originality implies that works created by different persons will never be the same, although they can be quite similar as long as one has not been copied from the other. If a work is so simple that it can appear more

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💡 What is originality in copyright?

✍️ Originality requires independent creation, which basically means the work cannot be copied from another work. This does not mean that the work has to be particularly novel or unique. Two very similar works based on the same underlying idea or concept may each have copyright protection as long

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🛡️ What is compulsory licensing of a patent?

📜 Compulsory licensing is an important restriction of patent rights. It is one form of licensing, through which the licensee must pay a reasonable royalty. Those who need compulsory licenses may be competitors of the patentee, and their use of the patent is often prejudicial to the patentee’s

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