Glossary Terms Related To Negotiate License Agreement & Copyright Topics

Washington Treaty

Definition:
Formally known as The Treaty on Intellectual Property in Respect of Integrated Circuits; China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences.

Substantial Similarity

Definition:
The degree of resemblance between a copyrighted work and a second work that is sufficient to constitute copyright infringement by the second work. Exact word-for-word or line-for-line identity does not define the limits of copyright infringement.

Unfair Competition

Definition:
Commercial conduct that the law views as unjust. A person injured by an act of unfair competition is entitled to relief in a civil action against the perpetrator of the act.

Knock-Off

Definition:
An identical copy of a work or product protected by patent, trademark, trade dress, copyright. When used as a verb, the act of producing such a copy.

Passing Off

Definition:
The substitution of one brand of goods when another brand is ordered. (2) Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers. (3) Trademark infringement where there is no proof of intent to deceive but likelihood of confusion is proven.

TRIPS

Definition:
The TRIPS agreement is the most comprehensive multilateral agreement on intellectual property in existence. TRIPS sets a minimum standard for intellectual property protection that countries that join the WTO must conform to.



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