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IP Glossary

Blockchain

Is an incorruptible digital ledger of economic transactions that can be programmed to record not just financial transactions but virtually everything of value. It ensures data integrity through immutability and timestamps, making it suitable for various applications, including marking digital copyrights.

Certification Mark

(also called guarantee mark) is a trade mark capable of distinguishing goods or services which have been certified by the owner as meeting certain requirements for certification. Unlike collective marks no membership to an association is necessary and all that is required is compliance with the standards in respect of material, mode of manufacture, quality or other characteristics set by the owner of the mark. A certification mark may not be owned by a natural or legal person currently engaged in the supply of goods or services which the trade mark seeks to certify.

Counterfeiting

A practice of intentional imitation of a genuine article and selling it under a genuine article’s brand name without the brand owner’s authorization with the intent to take advantage of the superior value of the imitated product.

Designation of Origin

Products with a protected designation of origin (PDO) owe their quality or characteristics to the geographical environment, including its natural and human factors. These products must always be produced, processed and prepared in the specific geographical region from which they take their name.

Geographical Indications (GIs)

An indication which identifies a good as originating in the territory of a member, or a regional locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

Handicraft and Traditional Culture expressions (TCEs)

Traditional cultural expressions (TCEs), also called "expressions of folklore", may include music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives, or many other artistic or cultural expressions.

Infringement

A violation or infraction of the terms of an agreement, encroachment, trespass, or disregard of others' rights. Intellectual property infringement will refer to a breach of rights resulting from a patent, copyright, database right, performer right, design, trade mark, or similar IP are breached.

Intellectual Property Rights (IPRs)

Are private legal rights that protect the creation of the human mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. They are commonly divided into two categories: Industrial Property Rights (e.g. patents, trade marks, industrial designs, geographical indications) and Copyright and Related rights (e.g. rights of the authors/creators and those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes).

Madrid System

Is an international system, managed by the World Intellectual Property Organization (WIPO), for obtaining and maintaining trade mark protection in multiple countries through a single application, in one language, and with one set of fees.

Traditional Knowledge

Traditional knowledge (TK) encompasses the knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

Fair Use

Fair use is a defence in copyright law that allows for the limited use of copyrighted material without the copyright owner's permission, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The determination of fair use is case-specific and depends on several key factors, including: the purpose and character of the use (whether it is commercial or non-commercial and whether it is transformative), the nature of the copyrighted work (whether it is factual or creative), the amount and substantiality of the portion used, and the effect of the use on the market for or value of the original work. No single factor alone decides the outcome, but the first and fourth factors often carry significant weight in the analysis.

Domain Name

A domain name is a unique identifier on the Internet used by individuals, organisations, government bodies, etc to provide information about their activities provided through the Internet, such as websites, email services, etc typically structured in three levels: "server.organization.type” [e.g  www.euipo.europa.eu].  Domain names are subject to intellectual property rights, particularly when it conflicts with trade marks.

Compulsory License

A compulsory license is a government-authorised permission that allows someone other than the patent holder to produce a patented product or use a patented process without the patent owner's consent. Additionally, a government may itself use the patented invention under a compulsory license. This mechanism is a flexibility provided under the WTO's TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, intended to balance patent rights with public interest, particularly in sectors like public health, where access to essential products or technologies is crucial.

Non-Fungible Tokens

NFT, short for "non-fungible token", is a digital asset that is unique and cannot be exchanged on a one-to-one basis with other assets, unlike physical money or cryptocurrencies, which are fungible. Each NFT is embedded with a digital signature that ensures its uniqueness. NFTs can take various forms, including artwork, comic books, sports collectibles, trading cards, videos, audio files, and other digital formats. Additionally, NFTs often encompass various intellectual property rights, such as copyright, patents, and trade marks that can be commercialized by its creators.