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Intellectual Property
Products of individuals minds.-Ideas and inventions are a form of wealth because of the creators exclusive rights to their ideas and inventions. TERM 2
U.S Constitution Article 1 Section
DEFINITION 2 Authorizes congress to promote the progress of science and useful arts, by securing for limited times, to authors and inventors the exclusive right to their respective writings and discoveries. TERM 3
Trademark
DEFINITION 3 A disticntive mark, logo, name, motto, or symbol that a manufacturer affixes to its goods in the market TERM 4
Federal Langham act
DEFINITION 4 (1946) Gives trademarks statutory protection. TERM 5
Registered Trademark
DEFINITION 5 registered with the U.S. patent and trademark office. (USPTO.gov)
Term for Trademarks
Re-registered between the 5th and 6th year after the initial registration, it is renewable every 10 years afterwards.***Note: The trademark must be in use or is to be used within 6 months after registration or trademark protection is lost. TERM 7
Extenuating Circumstances for Trademark
Term
DEFINITION 7 This 6 month period can be extended to 30 months (3 years) for extenuating circumstances. TERM 8
A Trademark
Requires
DEFINITION 8 The trademark must be distinctive, or acquire a secondary meaning. TERM 9
Generic Terms of a Trademark
DEFINITION 9 are not protected TERM 10
1995 Trademark Dillution Act
DEFINITION 10 Protects not only identical marks, but also unauthorized use of similar marks.
Trademark Infringement -
remedies
Lawsuit for unauthorized use-Plaintiff shows:1.) Mark used in unauthorized manner2.) Use is likely to cause confusion/mistake/deceive consumers.****Remedies: Lost profits, damages, order destruction of marks/product, injunction, punitive damages.***Note: The trademark need not be registered to sue, but is conclusive proof of ownership if registered. TERM 17
Remedy
DEFINITION 17 A legal remedy (also judicial relief) is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. TERM 18
Patent -purpose and definition
DEFINITION 18 A grant from the federal government (not the states) that gives an inventor the exclusive right to make, use, and sell his/her invention.-Purpose: This creates an incentive for people to create/invent. TERM 19
Patent Procedure
DEFINITION 19 a.) The invention must be novel, useful, and non-obvious.(Patent search).b.) Subject Matter: machines, processes, compositions of matter, designs, asexual plants, man-made living material.c.) Application: To the U.S. patent and trademark office. They issue a patent number or patent pendingd.) Term: 20 years from date of application. (14 years for designs) TERM 20
Public Use Doctrine
DEFINITION 20 A patent cannot be obtained if the public has used the idea or invention for 1 year or more prior to the application.
Patent Infringement -
remedies
Lawsuit for unauthorized use****Remedies: reasonable royalty rate, damages: lost profits/goodwill, destruction of non-authorized goods, injunction, punitive damages.***Note: Many simply offer to license for a fee rather than sue TERM 22
Copyright
DEFINITION 22 Protects the works of authors and other creative people.***Purpose: To encourage creativity TERM 23
Copyright Act of 1976
DEFINITION 23 Establishes the procedures and protections TERM 24
Copyright Procedure: What is covered?
DEFINITION 24 It must be the original work of the creator. It must be in tangible form: A form that can be seen. (Expressions of an idea are protected, not the idea itself).1.) Literary Works, 2.) Musical Works, 3.) Dramatical Works, 4.) Pantomime, 5.) Choreography, 6.) Film/Video, 7.) Pictures, 8.) Paintings, 9.) Drawings, 10.) Graphic Designs, 11.) Sculpture,12.) Sound Recordings TERM 25
Copyright Procedure -Registration
DEFINITION 25 Published and unpublished works are registered with the U.S. copyright office at any time after creation.***Note: Registration is permissive and voluntary. It is not required for protection, but is conclusive proof of ownership.
Examples of Fair Use
Criticism, commentary, news reporting, teaching, scholarship, research, legislative/judicial proceedings, parody/satire TERM 32
Trade Secrets
DEFINITION 32 Protects things that are not able to be nor wanted to be patented or copyrighted.***Includes: Formulas, designs, patterns, customer lists, Ideas and Expressions of ideas are both protected. TERM 33
Trade Secret
Tort
DEFINITION 33 Misappropriation(intentional illegal use) of trade secrets-The plaintiff must show it was taken by unlawful means. (Theft, bribery, sabotage)****Note: The owner must take reasonable security measures. If not there is no misappropriation. TERM 34
Non-Disclosure Agreements
DEFINITION 34 contracts signed by employees, vendors, franchises that prohibits them from using, selling, or taking trade secrets. TERM 35
1996 Federal Economic Espionage Act -
penalties
DEFINITION 35 The theft of a trade secret is a federal crime***Penalties:a.) Individual: 10 years and or $500,000 fineb.) Corporations: $5,000,000 fineAND for both seizure of property aquired and any property used to obtain the trade secret.
Intellectual Property in Cyberspace
1.) Computer software2.) Copyright3.) Trademark and Domain names TERM 37
Intellectual Property in Cyberspace -Computer
Software
DEFINITION 37 It can be patented (Diamond v. Diehr, 450 US 175 (1981) or it can be copyrighted (1980 Computer Software Copyright Act) TERM 38
Intellectual Property in Cyberspace -Copyright
DEFINITION 38 a.) 1997 No Electronic Theft (NET) Actb.) 1998 Digital Millineum Copyright Act TERM 39
1997 No Electronic Theft (NET) Act -purpose
and penalties
DEFINITION 39 Provides criminal penalties for the unauthorized use of copyrighted material even if it is not for financial gain and/or personal use. (This alters the fair use doctrine)****Penalties: Up to five years in prison and up to $250,000 in fines TERM 40
1998 Digital Millineum Copyright Act
DEFINITION 40 Provides for civil and criminal penalties for those who circumvent software or other technological antipiracy protection.
