Basics of IP law Flashcards
(20 cards)
_ protects expression of ideas rather than idea itself
Copyrights
Right arises automatically at creation
Copyrights
Important IP right for protecting computer software and algorithms
Copyrights
What is copyright?
A legal right that gives the creator of an original work exclusive control over its use and distribution for a limited time.
What types of works are protected by copyright?
Literary, musical, artistic, dramatic works, software, films, sound recordings, and architectural designs — if original and fixed in a tangible medium.
What is a trademark?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others.
What types of marks can be trademarked?
Words, logos, slogans, colors, sounds, and even product shapes — if they identify and distinguish a brand in the marketplace.
What are the main purposes of trademark law?
To prevent consumer confusion, protect brand identity, and promote fair competition.
What is the difference between ™ and ® symbols?
™ is used for unregistered trademarks; ® is used only for trademarks officially registered with the U.S. Patent and Trademark Office (USPTO).
What is an industrial design (design patent)?
The ornamental or aesthetic aspect of a product, including its shape, configuration, pattern, or color that gives it a unique appearance.
What does industrial design protection cover?
It protects the visual appearance of a product, not its functional or technical features.
What are the key requirements for something to be a trade secret?
It must be secret, have commercial value because of its secrecy, and be subject to reasonable efforts to maintain its secrecy.
What are patent pools?
An agreement among a group of patent owners regarding the
“collective use” of a defined patent collection.
“Collective use” could take the form of a covenant not to sue or a cross license
Patents act much more as _ than _.
Patents act much more as “swords” than “shields.”
Explain key points of the Paris Convention.
Patents: You can file in other Paris Convention countries within 12 months and still claim the original filing date.
Trademarks: You get 6 months to file abroad and keep the original filing date.
Trademarks die when:
you stop using them
they become generic (e.g. elevator, escalator)
What’s the difference between solid lines vs. dotted lines in design patents?
Solid lines show the exact parts of the design that are being claimed for protection. These are the ornamental features the applicant wants to legally protect.
Dotted or broken lines show parts of the object that are not claimed. They’re included for reference or context — to help understand the design’s placement or environment — but are not protected by the design patent.
_ are a legal rights that you can exercise when someone has stolen a secret
trade secrets are a legal rights that you can exercise when someone has stolen a secret
Trade secrets lasts forever, unless:
- independently invented, or
- made public
