UGC NET COMMERCE December 2018 Q30
- Option : D
- Explanation : “Intellectual Property shall include the rights relating to; literary, artistic and scientific works, performances of performing artists, inventions in all fields of human endeavour, scientific discoveries, industrial designs, trademarks, service marks and commercial names and designations, protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields” (WIPO Convention).
IP is usually divided into two categories: copyright and industrial property. Industrial property rights include patents for inventions, trademarks, industrial designs, plant variety rights, and of course, GIs. The holder of IPR has a legally recognized capacity to authorize and/or prevent others from acting in certain ways with respect to his/her intellectual property.
Nature and Kinds of Intellectual Property
∎ Creation of human mind (Intellect)
∎ Intangible property
∎ Exclusive rights given by statutes
∎ Attended with limitations and exceptions
∎ Time-bound
∎ Territorial (Patent terms vary considerably from country to country)
∎ Different kinds of properties are-
∎ Movable Property: Car, Pen, Furniture, Dress
∎ Immovable Property: Land, Building
∎ Intellectual Property: Literary works, inventions
Important IP laws that prevail in most of the countries are patents, copyright and related rights, trademarks, trade secrets, industrial designs, industrial property, GIs, layout designs/topographies and protection of new plant varieties.
Rights in the Content
A. The Content Provider is the exclusive owner of the Content and shall retain all rights therein and any Content derived therefrom as well as in the Content Provider Marks and any and all intellectual property rights relating thereto. This shall include all inventions, discoveries, trademarks, patents, trade names, copyrights, moral rights, knowhow, intellectual property, software, shop rights, licenses, developments, research data, designs, technology, trade secrets, test procedures, processes, route lists, computer programs, computer discs, computer tapes, literature, reports, and other confidential information, intellectual and similar intangible property rights, whether or not patentable or copyrightable (the “Content Provider Property”).
B. The Content Distributor is the exclusive owner of any content created by the Content Distributor (the “Content Distributor Content”) and shall retain all right, title and interest to the Content Distributor Content or any content derived therefrom, the Content Distributor’s Service, the Content Distributor’s trademarks, and all Intellectual Property Rights therein, excluding the Content Provider Property.
C. During the Term of this Agreement, the Content Provider shall not license nor authorize another to license any person other than the Content Distributor the right to use the Content or the Content Provider Marks in connection with promoting in the United States any wireless service that makes the Content available via the Platform.
