GLOSSARY
registration. If an annuity payment is not made timely, the patent may lapse. a n t h o l o g y ( copyright) See c o m p i l a tion works. a n t i c i p a t e d (patent) An invention that is so similar to an earlier patent that it is not considered to be novel, and therefore cannot be registered as a patent. An invention may be anticipated by the existence of prior art or public use or display that precedes in time the filing of the patent. See prior art, and publication. a n t i c i p a t i o n ( patent) S e e p r i o r art. a n t i - c o m p e t i t i o n a g r e e m e n t See covenant not to compete. a n t i - s h e l v i n g c l a u s e A clause in a license agreement by which the licensee agrees to use commercially the intellectual property rights licensed within a stated period of time and not to merely “put the licensed rights on a shelf.” This clause places an affirmative duty on the licensee to use or lose the rights to the license. a n t i - t r u s t l a w A statute that prohibits business operations intentionally aimed at unfairly dominating a market such that in practice a monopoly results, and further prohibiting business arrangements between companies by which they cooperatively engage in practices that result in the restriction or restraint of free trade, such as price fixing or bid rigging. Example: A company that shares its trade secret with only one of its competitors pursuant to an agreement by which the two companies plan to cooperate and corner the market is likely to be in violation of antitrust laws. a p e c See a s i a p a c i f i c e c o n o m i c cooperation. a p p e l l a t i o n s o f o r i g i n Name of geographical place used in connection with products or services sold in commerce and originating from that location. Appellations are not considered trademarks because they are used to indicate a place of origin, not to distinctly identify a trader’s goods or services.
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a r c h i v a l c o p y ( copyright) An authorized copy of software made by the party who uses the software. Parties who “buy” software are actually purchasing a restricted license to use it, and they are not permitted to copy it, with one exception: a single copy may be made and kept in a secure place for purposes of having a copy to ensure against damage or loss of the original. This right is protected by law in some countries (for example, the US Computer Software Protection Act) and is also granted by most software program license agreements. If the software is transferred or destroyed, the archival copy must also be transferred or destroyed. a r i p o See a f r i c a n r e g i o n a l intellectual property organization. arm’s length transaction A transaction in which both parties have similar bargaining power during the negotiation and finalization of the arrangement and in which the parties exchange consideration of equivalent or nearly equivalent value. For example: an assignment of IP rights between unrelated parties is an arm’s length transaction if the assignor receives valuable consideration based on the assessed value of the IP rights and the assignee gains IP rights that are in fact worth the consideration paid. a r t see Prior Art a s e a n See a s s o c i a t i o n o f s o u t h east asian nations. asia pacific economic cooperat i o n ( a p e c ) An informal forum in which ministerial leaders of Asia Pacific countries gather for discussion of economic issues that affect their region and their specific countries. Members include Australia, Brunei, Canada, China, Hong Kong S.A.R., Indonesia, Japan, Korea (South), Malaysia, Philippines, Singapore, Thailand, Taiwan, and the United States. Address of the Secretariat: 438 Alexander Road 19-01; Singapore 0315; tel: + 276 1880; fax: + 276 3602.
