Flashcards in Chapter 7 Deck (20):
Intellectual Property Rights
Patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement.
A product formula, patter, design, compilation of data, customer list, or other business secret.
Federal Patent Statute
A federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement.
One Year "On Sale" Doctrine
A doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application.
American Inventors Protection Act
A federal statute that permits an inventor to file a provisional application with the U.S. Patent and Trademark Office three months before the filing of a final patent applications, among other provisions.
Unauthorized use of another's patent. A patent holder may recover damages and other remedies against a patent infringer.
Copyright Revision Act
A federal statute that (1) establishes the requirements for obtaining a copyright and (2) protects copyrighted works from infringement.
An infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permissions. A copyright holder may recover damages and other remedies against the infringer.
Fair Use Doctrine
A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
No Electronic Theft Act (NET Act)
A federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000 in retail value.
Digital Millennium Copyright (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.
An amended federal statute that (1) establishes the requirements for obtaining a federal mark and (2) protects marks from infringement.
The collective name for trademarks, service marks, certification marks, and collective marks that can be trademarked.
A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
A mark that distinguishes the services of the holder from those of its competitors.
Being unique and fabricated.
A brand name that has evolved from an ordinary term.
Unauthorized use of another's mark. The holder may recover damages and other remedies from the infringer.
A term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.