TERMINOLOGY AND DEFINITIONS
Trademark
A trademark is
a word, symbol, picture, logo, design or shaping of goods, or a
combination of these elements, used to distinguish the goods or services
of one person or organisation from those of others in the marketplace. A
trademark allows its owner exclusive use of that mark to be identified
with certain goods or services for a prescribed and renewable period of
time.
Copyright
The exclusive
right to publish and sell a literary, musical, artistic or electronic
work. Copyright laws protect the expression of ideas and facts, not the
facts or ideas themselves. A work has copyright protection as soon as it
is created. It does not need to be registered or published. Copyrighted
works are protected for the life of the author, plus 70 years, after which
the work enters the public domain and can be used by
anyone.
License
Agreements Generally
A license
agreement is an agreement entered into between the owner(s) of
intellectual property and a third party, or parties, which permits the
third party to legally benefit from the ability to make, use and sell the
intellectual property of another. The legal title of the rights of the
intellectual property remains with the licensor, unless specifically
stated otherwise.
Exclusive
License Agreement
An exclusive
license agreement is a legal document, licensing intellectual property to
a third party for their exclusive use. The intellectual property cannot be
licensed to any other party for any use, nor can the intellectual property
be used by the licensor unless specifically stated
otherwise.
Non-Exclusive
License Agreement
A non-exclusive
license agreement is a legal document that entitles a third party or
parties to make, use and/or sell the intellectual property of the property
owner for use in a defined field. The intellectual property may be
licensed to additional parties for use in fields other than the ones
specified in previously executed license agreements unless specifically
stated otherwise.
Non
Disclosure/Confidentiality Agreement
A
Non-disclosure agreements (NDA:s), or confidentiality agreements as they
are alternatively referred to, are agreements that govern what a receiving
party may do with protected information received from the disclosing
party, who is typically the owner or licensee of the information being
disclosed. These agreements describe the nature of the information being
disclosed; the purpose for which it is disclosed; the uses to which the
information may be put and place an obligation on the receiving party to
keep the information confidential for a specified period of
time.
NDA:s are
recommended whenever proprietary information is being disclosed that is
not publicly available, particularly in instances where information is
being disclosed regarding patentable technology for which patent
protection has not yet been sought.
Material
Transfer Agreements
Material
transfer agreements (MTA:s) are agreements that govern the use of material
which is being supplied by one party, typically the owner of the material,
to another party for a particular use, for example, evaluation of the
material, licensing of the material, or research. Such material may
include for example, cells, cell lines, cultures, pharmaceutical compounds
or compositions, transgenic animals, plasmids, bacteria, proteins, as well
as other materials.
Litigation
The act of
bringing a dispute before a court of law, engaging in legal action or
lawsuit.
Alternative
Dispute Resolution
Methods
for resolving problems without going to court. The most common forms of
alternative dispute resolution (sometimes referred to as appropriate
dispute resolution) are mediation, arbitration, conciliation and a
combination of mediation and arbitration called “med-arb” (in which the
mediator will decide the issues for the parties if they fail to reach
agreement in the mediation).
Trade
secrets/Business Secrets
A trade secret
is a pattern, formula or other information used exclusively by one company
to create or deliver goods and services. The defining qualities of a trade
secret are that it is not generally known in the trade or easily
ascertainable, it is of commercial value, and it is kept secret by way of
specific steps taken by the owner. The cost is lower in terms of
protection, but its value is great because should information of your
pattern or formula reach the public domain, patent protection may be
worthless.
Industrial
Design
An industrial
design is a form of protection provided for features of shape,
configuration, pattern or ornament which are applied to a finished article
made by any number of methods including hand, tool or machine. The design
aspects and functional aspects of an article are considered separately
according to local law and therefore one cannot list a function of an
article as an element of an industrial design.
Patent
A patent is a
monopoly granted to an inventor by the authorities, securing the exclusive
right to manufacture, exploit, use and sell the patented invention. While
there is some homogeneity internationally, there are differences in patent
laws and regulations for almost every country. Not all countries are
signatory to the various international treaties dealing with intellectual
property rights on a worldwide scale. | 
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