Business Law
Exam Block 1
Intellectual Property Law and Industrial Rights
Copyright
Trademark
Patent rights
TORT law
1. Unlawful
Violation of property
Against the law
Open norm: against what is acceptable in our society
2. Culpability
3. Damage
4. Causal relationship
CSQN: Condition Sina Qua Non
Is it foreseeable?
5. Relativity
Property
Ownership
Detention
Possession
Question: Can A revindicate his property?
Transfer
Public or Private Law
,Intellectual Property Law and
Industrial Rights
Copyright
Trademark
Patent rights
Copyright
4.2.2 The requirements
In the Netherlands there are four requirements that have to be met in order to
obtain a copyright:
1) A ‘work’
2) Tangibility
3) Own character
4) Personal stamp (touch) of the author
Trademark
4.3.2 The requirements
In the Netherlands, but also in England, the three requirements for obtaining a
trademark are:
1) A sign
2) Graphical representation
3) Capable of distinguishing
Patent Rights
4.4.2 The requirements
The three requirements of patentability in the Netherlands (and England) are:1
1) Novelty
2) Inventive step
3) Industrial application
, TORT law
6. Unlawful
Violation of property
Against the law
Open norm: against what is acceptable in our society
7. Culpability
The degree of one’s blameworthiness in the commission of a crime or
offense. Except for strict liability crimes, the type and severity of
punishment often follow the degree culpability.
A person causes a result purposely if the result is his/her goal in doing the
action that causes it,
A person causes a result knowingly if he/she knows that the result is
virtually certain to occur from the action he/she undertakes,
A person causes a result recklessly if he/she is aware of and disregards a
substantial and unjustifiable risk of the result occurring from the action,
and
A person causes a result negligently if there is a substantial and
unjustifiable risk he/she is unaware of but should be aware of.
8. Damage
Is there damaged made? This needs to be qualified by a neutral expert
and the judge will decide in which manner the damages are applicable by
the liable party. Total damage amount can be paid but also a certain
amount of that total in damages that has been made.
9. Causal relationship
CSQN: Condition Sina Qua Non
Is it foreseeable?
10. Relativity
In which manner is the liable party liable for the damages caused? Could it
be that the damage could have been done by anyone and could it be
limited with the correct corresponding actions to minimize damages?
Exam Block 1
Intellectual Property Law and Industrial Rights
Copyright
Trademark
Patent rights
TORT law
1. Unlawful
Violation of property
Against the law
Open norm: against what is acceptable in our society
2. Culpability
3. Damage
4. Causal relationship
CSQN: Condition Sina Qua Non
Is it foreseeable?
5. Relativity
Property
Ownership
Detention
Possession
Question: Can A revindicate his property?
Transfer
Public or Private Law
,Intellectual Property Law and
Industrial Rights
Copyright
Trademark
Patent rights
Copyright
4.2.2 The requirements
In the Netherlands there are four requirements that have to be met in order to
obtain a copyright:
1) A ‘work’
2) Tangibility
3) Own character
4) Personal stamp (touch) of the author
Trademark
4.3.2 The requirements
In the Netherlands, but also in England, the three requirements for obtaining a
trademark are:
1) A sign
2) Graphical representation
3) Capable of distinguishing
Patent Rights
4.4.2 The requirements
The three requirements of patentability in the Netherlands (and England) are:1
1) Novelty
2) Inventive step
3) Industrial application
, TORT law
6. Unlawful
Violation of property
Against the law
Open norm: against what is acceptable in our society
7. Culpability
The degree of one’s blameworthiness in the commission of a crime or
offense. Except for strict liability crimes, the type and severity of
punishment often follow the degree culpability.
A person causes a result purposely if the result is his/her goal in doing the
action that causes it,
A person causes a result knowingly if he/she knows that the result is
virtually certain to occur from the action he/she undertakes,
A person causes a result recklessly if he/she is aware of and disregards a
substantial and unjustifiable risk of the result occurring from the action,
and
A person causes a result negligently if there is a substantial and
unjustifiable risk he/she is unaware of but should be aware of.
8. Damage
Is there damaged made? This needs to be qualified by a neutral expert
and the judge will decide in which manner the damages are applicable by
the liable party. Total damage amount can be paid but also a certain
amount of that total in damages that has been made.
9. Causal relationship
CSQN: Condition Sina Qua Non
Is it foreseeable?
10. Relativity
In which manner is the liable party liable for the damages caused? Could it
be that the damage could have been done by anyone and could it be
limited with the correct corresponding actions to minimize damages?
