7: intellectual property and information technology Flashcards
intellectual property
patents, copyrights, trademarks, and trade secrets. federal and state laws protect intellectual property rights from misappropriation and infringement
trade secret
a product formula, pattern, design, compilation of data, customer list, or other business secret
uniform trade secrets act
a uniform law that many states have adopted that gives statuory protection to trade secrets
defend trade secrets act (DTSA)
a federal statute that allows an owner of a trade secret to bring a civil lawsuit in federal court against a defendant for the misappropriation of a trade secret
economic espionage act (EEA)
a federal statute that makes it a crime for any person to convert a trade secret for his or her own or another’s benefit, knowing or intending to cause injury to the owners of the trade secret
federal patent statute
a federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement
provisional application
an application that an inventor may file with the patent and trademark office that gives the inventor three months to prepare a final patent application
utility patent
a patent that protects the functionality of the invention
patent requirements
novel, useful, nonobvious
leahy-smith america invents act (AIA)
a federal statute that established the first-to-file rule of patent law
first-to-file rule
a rule that stipulates that the first person to file a patent on an invention receives the patent een though some other party was the first to invent the invention. this rule superseded the first-to-invent rule
first-to-invent rule
a rule that stipulates that the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application. this rule has been superseded by the first-to-file rule
public domain
the point in time when anyone can produce and sell a prior patented invention, copyrighted material, or trademark, after a patent period or copyright period runs out, or a trademark is not renewed, or the patent, copyright, or trademark is abandoned
design patent
a patent that may be obtained for the ornamental nonfunctional design of an item–valid for 14 years
copyright revision act
a federal statute that (1) establishes the requirements for obtaining a copyright and (2) protects copyrighted works from infringement
tangible writings
writings that can be physically seen, which are subject to copyright registration and protection
berne convention
an international copyright treaty
copyright term extension act
a federal statute that established the time periods for copyright protection
individuals–lifetime plus 70yrs
businesses–120yrs from yr of creation, or 95yrs from yr of publication
fair use doctrine
(1) quotation of the copyrighted work for review or criticism or in a scholarly or technical work
(2) use in parody or satire
(3) brief quotation in a news report
(4) reproduction by a teacher or student of a small part of the work to illustrate a lesson
(5) incidental reproduction of a work in a newsreel or broadcast of an event being reported
(6) reproduction of a work in a legislative pr judicial proceeding
music modernized act (MMA)
a federal statute that provides for the creation of a music database and permits digital services to obtain a blanket licese to stream and permit the downloading of the music
no electronic theft act (NET act)
a federal statute that makes it a crime for a person to willfully infringe on a copyright
digital millenium copyright act (DMCA)
a federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works
lanham trademark act (lanham act)
a federal statute that (1) establishes the requirements for obtaining a federal mark and (2) protects marks from infringement
mark types
TM: unregistered mark used with goods
SM: unregistered mark used with services
®: registered mark
