Intellectual_property

context: The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property (Schutz des geistigen Eigentums) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted the term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property.
qas: answers: the North German Confederation
question: Which constitution gave legislative power to protect intellectual property?

answers: 1883
question: When was the Paris Convention?

answers: 1886
question: When was the Berne Convention?

answers: 1893
question: When did the Paris and Berne administrative secretariats merge?

answers: United International Bureaux for the Protection of Intellectual Property
question: What name did the merged secretariats adopt?

context: The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown., in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are...property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846.
qas: answers: October 1845
question: When was the patent case Davoll et al. v. Brown ruled on?

answers: Massachusetts Circuit Court
question: Which court ruled on the patent case Davoll et al. v. Brown?

answers: Justice Charles L. Woodbury
question: Who wrote that "only in this way can we protect intellectual property"?

answers: 1791
question: What year did the "discoveries are property" concept appear in French law?

answers: 1846
question: When did French author A. Nion mention intellectual property?

context: The concept's origins can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury".
qas: answers: Hasagat Ge'vul (unfair encroachment)
question: Jewish law includes which principle used to justify copyright?

answers: in the 16th century
question: When did Jewish law recognize copyright?

answers: one year
question: How long was a patent valid in Sybaris?

answers: 500 BCE
question: When did Sybaris offer patents?

context: A patent is a form of right granted by the government to an inventor, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfil three main requirements: it has to be new, not obvious and there needs to be an industrial applicability.:17
qas: answers: the government
question: Who grants a patent?

answers: an inventor
question: Who is a patent granted to?

answers: three
question: How many requirements does an invention need to fulfill for a patent?

answers: technological
question: An invention is a solution to what type of problem?

answers: public disclosure of the invention
question: What is a patent offered in exchange for?

context: The stated objective of most intellectual property law (with the exception of trademarks) is to "Promote progress." By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act, stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. The issue still remains open in legal scholarship.
qas: answers: Promote progress.
question: What is the stated objective of most intellectual property law?

answers: create and disclose their work
question: What do patents create an incentive for inventors to do?

answers: absolute protection or full value
question: Which view treats intellectual property as another type of "real" property?

answers: America Invents Act
question: Which recent law stresses international harmonization?

context: In 2013 the United States Patent & Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US$5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently".
qas: answers: more than US$5 trillion
question: How much was the worth of intellectual property to the U.S. economy in 2013?

answers: 18 million
question: How many Americans did intellectual property create employment for in 2013?

answers: the UK
question: Where has IP become a recognised asset class?

answers: millions
question: How many intangible assets are not being leveraged in the UK?

context: Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or in order to gather data in order to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in the United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea).
qas: answers: Patent infringement
question: What is caused by using or selling a patented invention without permission?

answers: in the US
question: Where does the safe harbor to use a patented invention for research generally not exist?

answers: civil
question: What type of law handles patent infringement cases in the US?

answers: criminal
question: What type of law handles patent infringement cases in China?

answers: criminal
question: What type of law handles patent infringement cases in Russia?

context: Copyright infringement is reproducing, distributing, displaying or performing a work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. It is often called "piracy". While copyright is created the instance a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright.[citation needed] Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement, signed in May 2011 by the United States, Japan, Switzerland, and the EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to active police for infringement. There are limitations and exceptions to copyright, allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are the fair use and fair dealing doctrine.
qas: answers: May 2011
question: When was the ACTA trade agreement signed?

answers: United States, Japan, Switzerland, and the EU
question: Which countries signed ACTA?

answers: fair use and fair dealing
question: Which doctrines allow limited use of copyrighted works?

answers: piracy
question: What is the common term for copyright infringement?

context: Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law.
qas: answers: Trademark infringement
question: What occurs when someone uses a trademark that is identical or confusingly similar to a trademark owned by someone else?

answers: legal advantages for enforcement
question: What does registering a trademark provide?

answers: In many countries
question: Where is a trademark protected without registration?

answers: civil litigation
question: How is trademark infringement addressed in most jurisdictions?

answers: criminal law
question: How is trademark infringement addressed in a few jurisdictions?

context: Trade secret misappropriation is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a), criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C. § 1832, criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for the two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as the United States.[citation needed]
qas: answers: trade secrets
question: Which type of intellectual property is secret?

answers: Uniform Trade Secrets Act
question: What law do most US states use to protect trade secrets?

answers: Economic Espionage Act
question: What US federal law protects trade secrets?

answers: an equitable right
question: Commonwealth common law regards trade secrets as what kind of right?

answers: a property right
question: US law regards trade secrets as what kind of right?

context: Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations; and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc.
qas: answers: intellectual property
question: Which term is criticized as vague?

answers: specific and often unrelated aspects of copyright, patents, trademarks, etc.
question: What does the term 'intellectual property' disallow intelligent discussion about?

answers: semantic
question: Critics criticize what type of validity of the term 'intellectual property'?

answers: intellectual property
question: Which term is criticized as having abstract overreach?

context: Free Software Foundation founder Richard Stallman argues that, although the term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates a "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term.
qas: answers: Richard Stallman
question: Who founded the Free Software Foundation?

answers: Richard Stallman
question: Who said the term 'intellectual property' should be rejected altogether?

answers: Richard Stallman
question: Who said the term 'intellectual property' "operates as a catch-all"?

answers: in the singular
question: How does Stallman advocate referring to copyrights, patents, and trademarks?

context: On the assumption that intellectual property rights are actual rights Stallman argues that this claim does not live to the historical intentions behind these laws, which in the case of copyright served as a censorship system, and later on, a regulatory model for the printing press that may have benefited authors incidentally, but never interfered with the freedom of average readers. Still referring to copyright, he cites legal literature such as the United States Constitution and case law to demonstrate that it is meant to be an optional and experimental bargain that temporarily trades property rights and free speech for public, not private, benefit in the form of increased artistic production and knowledge. He mentions that "if copyright were a natural right nothing could justify terminating this right after a certain period of time".
qas: answers: copyright
question: Stallman thinks what type of IP historically served as a censorship system?

answers: the printing press
question: What does Stallman think copyright served as a regulatory model for?

answers: copyright
question: What does Stallman think was meant to be optional and experimental?

answers: property rights and free speech
question: What does Stallman think copyright was supposed to trade temporarily for public benefit?

answers: Stallman
question: Who pointed out that "if copyright were a natural right nothing could justify terminating this right after a certain period of time"?

context: Law professor, writer and political activist Lawrence Lessig, along with many other copyleft and free software activists, has criticized the implied analogy with physical property (like land or an automobile). They argue such an analogy fails because physical property is generally rivalrous while intellectual works are non-rivalrous (that is, if one makes a copy of a work, the enjoyment of the copy does not prevent enjoyment of the original). Other arguments along these lines claim that unlike the situation with tangible property, there is no natural scarcity of a particular idea or information: once it exists at all, it can be re-used and duplicated indefinitely without such re-use diminishing the original. Stephan Kinsella has objected to intellectual property on the grounds that the word "property" implies scarcity, which may not be applicable to ideas.
qas: answers: Lawrence Lessig
question: Who is one advocate of copyleft?

answers: Stephan Kinsella
question: Who has objected to the idea of IP because "property" implies scarcity?

answers: tangible
question: Having no natural scarcity makes IP different from what kind of property?

answers: indefinitely
question: How much can IP be duplicated without diminishing the original?

context: Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health (in the case of pharmaceutical patents), preventing progress, and benefiting concentrated interests to the detriment of the masses, and argue that the public interest is harmed by ever-expansive monopolies in the form of copyright extensions, software patents, and business method patents. More recently scientists and engineers are expressing concern that patent thickets are undermining technological development even in high-tech fields like nanotechnology.
qas: answers: health
question: What can be harmed by pharmaceutical patents?

answers: the masses
question: IP benefits concentrated interests to whose detriment?

answers: the public
question: Whose interests are harmed by expanding IP?

answers: patent
question: Developments in nanotechnology are being undermined by what type of IP?

answers: intellectual
question: What type of monopolies does IP create?

context: The World Intellectual Property Organization (WIPO) recognizes that conflicts may exist between the respect for and implementation of current intellectual property systems and other human rights. In 2001 the UN Committee on Economic, Social and Cultural Rights issued a document called "Human rights and intellectual property" that argued that intellectual property tends to be governed by economic goals when it should be viewed primarily as a social product; in order to serve human well-being, intellectual property systems must respect and conform to human rights laws. According to the Committee, when systems fail to do so they risk infringing upon the human right to food and health, and to cultural participation and scientific benefits. In 2004 the General Assembly of WIPO adopted The Geneva Declaration on the Future of the World Intellectual Property Organization which argues that WIPO should "focus more on the needs of developing countries, and to view IP as one of many tools for development—not as an end in itself".
qas: answers: World Intellectual Property Organization
question: Who recognizes that conflicts may exist between IP and other human rights?

answers: 2001
question: When was a document called "Human rights and intellectual property" issued?

answers: the UN Committee on Economic, Social and Cultural Rights
question: Who issued a document called "Human rights and intellectual property"?

answers: the UN Committee on Economic, Social and Cultural Rights
question: Who said IP failures may infringe on human rights to food and health?

answers: 2004
question: When did the WIPO adopt 'The Geneva Declaration on the Future of the World Intellectual Property Organization'?

context: Further along these lines, The ethical problems brought up by IP rights are most pertinent when it is socially valuable goods like life-saving medicines are given IP protection. While the application of IP rights can allow companies to charge higher than the marginal cost of production in order to recoup the costs of research and development, the price may exclude from the market anyone who cannot afford the cost of the product, in this case a life-saving drug. "An IPR driven regime is therefore not a regime that is conductive to the investment of R&D of products that are socially valuable to predominately poor populations".:1108–9
qas: answers: socially valuable
question: For what type of goods are IP's ethical problems most pertinent?

answers: life-saving medicines
question: What is an example of socially valuable goods?

answers: the marginal cost of production
question: What cost does IP rights allow companies to charge higher than?

answers: anyone who cannot afford the cost of the product
question: Who might a higher price exclude from the market?

context: Another limitation of current U.S. Intellectual Property legislation is its focus on individual and joint works; thus, copyright protection can only be obtained in 'original' works of authorship. This definition excludes any works that are the result of community creativity, for example Native American songs and stories; current legislation does not recognize the uniqueness of indigenous cultural "property" and its ever-changing nature. Simply asking native cultures to 'write down' their cultural artifacts on tangible mediums ignores their necessary orality and enforces a Western bias of the written form as more authoritative.
qas: answers: community creativity
question: What type of creativity is excluded from the US definition of IP?

answers: indigenous cultural "property"
question: What doesn't current US IP law recognize the uniqueness of?

answers: Western
question: Requiring written records enforces what kind of bias?

answers: written
question: The Western bias is that what form is more authoritative?

context: Also with respect to copyright, the American film industry helped to change the social construct of intellectual property via its trade organization, the Motion Picture Association of America. In amicus briefs in important cases, in lobbying before Congress, and in its statements to the public, the MPAA has advocated strong protection of intellectual-property rights. In framing its presentations, the association has claimed that people are entitled to the property that is produced by their labor. Additionally Congress's awareness of the position of the United States as the world's largest producer of films has made it convenient to expand the conception of intellectual property. These doctrinal reforms have further strengthened the industry, lending the MPAA even more power and authority.
qas: answers: Motion Picture Association of America
question: What is the American film industry's trade organization?

answers: film
question: The Motion Picture Association of America is which industry's trade organization?

answers: United States
question: Which country is the world's largest producer of films?

answers: intellectual-property
question: The MPAA has advocated strong protection of what kind of rights?

context: The growth of the Internet, and particularly distributed search engines like Kazaa and Gnutella, have represented a challenge for copyright policy. The Recording Industry Association of America, in particular, has been on the front lines of the fight against copyright infringement, which the industry calls "piracy". The industry has had victories against some services, including a highly publicized case against the file-sharing company Napster, and some people have been prosecuted for sharing files in violation of copyright. The electronic age has seen an increase in the attempt to use software-based digital rights management tools to restrict the copying and use of digitally based works. Laws such as the Digital Millennium Copyright Act have been enacted, that use criminal law to prevent any circumvention of software used to enforce digital rights management systems. Equivalent provisions, to prevent circumvention of copyright protection have existed in EU for some time, and are being expanded in, for example, Article 6 and 7 the Copyright Directive. Other examples are Article 7 of the Software Directive of 1991 (91/250/EEC), and the Conditional Access Directive of 1998 (98/84/EEC). This can hinder legal uses, affecting public domain works, limitations and exceptions to copyright, or uses allowed by the copyright holder. Some copyleft licenses, like GNU GPL 3, are designed to counter that. Laws may permit circumvention under specific conditions like when it is necessary to achieve interoperability with the circumventor's program, or for accessibility reasons; however, distribution of circumvention tools or instructions may be illegal.
qas: answers: copyright infringement
question: What does the recording industry call piracy?

answers: file-sharing
question: What type of company was Napster?

answers: Digital Millennium Copyright Act
question: What law enforces digital rights management systems?

answers: Article 6 and 7
question: Which articles of the EU Copyright Directive address circumvention of copyright protection?

answers: 1998
question: When was the Conditional Access Directive passed in the EU?

context: In the context of trademarks, this expansion has been driven by international efforts to harmonise the definition of "trademark", as exemplified by the Agreement on Trade-Related Aspects of Intellectual Property Rights ratified in 1994, which formalized regulations for IP rights that had been handled by common law, or not at all, in member states. Pursuant to TRIPs, any sign which is "capable of distinguishing" the products or services of one business from the products or services of another business is capable of constituting a trademark.
qas: answers: 1994
question: When was the Agreement on Trade-Related Aspects of Intellectual Property Rights ratified?

answers: common law
question: What type of law handled IP rights before 1994 in TRIP signatories?

answers: trademark
question: What type of IP did the TRIP agreement harmonize the definition of?

answers: a trademark
question: What is any sign which is capable of distinguishing one business's product from another business's?