The map of intellectual property
The two branches of intellectual property and its six protections: what each one protects, how the right comes into being, how long it lasts, what stays free, trade secrets and infringement.
- 22 cards
- 5 topics
- Free
The outline, topic by topic
Each topic is weighted the way the exam weighs it.
- Concepts
- Questions
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- Scenarios
A few cards from the deck
Intellectual property: what is it?
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The set of exclusive rights over creations of the mind and distinctive signs, split into literary and artistic property and industrial property.
It protects the form or the invention, never an idea in itself: that is what separates an exclusive right from a mere business intuition.
Which protection covers a software's source code from the outset, with no formality at all?
- Copyright
- A patent, granted after examination by the INPI
- A trademark, acquired through use of the software's name
- Design law, for the look of the code
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Copyright
Copyright protects original creations from the moment they exist, software included. Patents and designs require filing, and a trademark protects a sign, not code.
… property groups copyright, related rights and the database producer's right; … property groups patents, trademarks and designs.
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Literary and artistic property groups copyright, related rights and the database producer's right; industrial property groups patents, trademarks and designs.
The three rights of the first branch arise without filing; the three of the second go through an office, the INPI in France.
Trade secret: what is it?
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Information that is not generally known, has commercial value because it is secret, and is subject to reasonable steps to keep it so.
The three conditions are cumulative: without concrete steps (restricted access, confidentiality clause) the secret is not protected. It needs no filing, but it does not survive disclosure.
A competitor launches an app that takes your starting idea, copying neither your code, nor your name, nor your screens. What can you do?
- Nothing on the ground of infringement: the idea is free
- Sue for copyright infringement, because the idea belongs to you
- Sue for patent infringement, because the idea is new
- Demand removal under trade secret law
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Nothing on the ground of infringement: the idea is free
An idea is covered by no exclusive right: there is no infringement without taking the protected form, sign or invention. Only proven unfair competition (confusion, free-riding) can be invoked.