Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Business Law > Chapter 7: intellectual property and cyber piracy > Flashcards

Chapter 7: intellectual property and cyber piracy Flashcards

1
Q

American Inventors Protection Act

A

permits an inventor to file a provisional application with PTO so inventor has time to prepare and file a final and complete patent application

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Berne Convention

A

an international copyright treaty; eliminated need to place the © symbol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Blurring

A

where a party uses another party’s famous mark to designate a product or service in another market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

©

A

A symbol that provides notification that the work to which it is attached is copyrighted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Certification Mark

A

a mark that certifies that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Collective Membership Mark

A

a mark that indiates that a person has met the standards set by an organization and is a member of that organization

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Copyright

A

a legal right that gives author of qualifying subject matter the right to publish, reproduce, sell, license and distribute the work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Copyright Infringement

A

an infringement that occurs when a party copies a substantial and material part of a plaintiff’s copyrighted work without permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Copyright Registration Certificate

A

certificate that is issued to a copyright holder who has properly registered his or her copyright

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Copyright Revision Act

A

a federal statute that

  1. establishes requirements for obtaining copyright
  2. protects copyrighted works from infringement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Design Patent

A

a patent that may be obtained for the ornamental nonfunctional design of an item

0 utility, ornamental
example is beetle car roundness and corvettes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Digital Millennium Copyright Act (DMCA)

A

federal statute that prohibits its unauthorized access to copyrighted digital works by circumventing encryption technology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Dilution

A

the lessening of the capacity of a famous mark to identify and distinguish its holders goods of dilution
two most common forms:
1. blurring
2. tarnishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Distinctive

A

a word or a design that is unique and therefore qualifies as a trademark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Economic Espionage Act (EEA)

A

a federal statute that makes it a crime for any person to convert a trade secret for their own or another’s benefit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Encryption Technology

A

technology and software that protect copyrighted works from unauthorized access

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Fair Use Doctrine

A

a doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Federal Patent Statute

A

a federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Federal Trademark Dilution Act (FTDA)

A

a federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

First to invent rule

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Generic name

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Intellectual Property

A

patents, copyrights, trademarks, and trade secrets; federal and state law protects these from misappropriation and infringement

personal property which is intangible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Lanham (Trademark) Act

A

a federal statute that

  1. establishes requirements for obtaining federal mark
  2. protects marks from infringement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Mark

A

any trade name, symbol, word, design, logo, or device used to identify and distinguish goods of a manufacturer or seller or services of a provide from those of other manufacturers, sellers, or providers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Misappropriation of a Trade Secret
the unlawful misappropriation of another's trade secret
26
No Electronic Theft Act
a federal statute that makes it a crime for a person to willfully infringe on a copyright
27
Nonobvious
a patent requirement that an invention is nonobvious; if it is obvious, then it does not qualify for a patent
28
Novel
a patent requirement that an invention is new and has not been invented and used in the past
29
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
30
Patent
a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the patent for a limited amount of time
31
Patent Application
an application that is filed with the US Patent and Trademark Office that must contain a written description of the invention sought to be patented
32
Patent Infringement
unauthorized use of another's patent; a patent holder may recover damages and other remedies against a patent infringer
33
Patent Number
a number that is assigned to a patent if a patent is granted
34
Patent Pending
a designation that an applicant can use on an article if a patent application has been filed but a patent has not yet issued
35
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
36
Public Domain (copyright)
anyone can publish the work without paying the prior copyright holder
37
Public Domain (patent)
anyone can produce and sell the invention without paying the prior patent holder
38
Reverse Engineering
taking apart and examining a rival's product or re-creating a secret recipe
39
Secondary Meaning
consists of the use of ordinary words or symbols by a party to the extent that they have acquired a secondary meaning and qualify for trademark or service mark status under federal trademark
40
Service Mark
a mark that distinguishes the services of the holder from those of its competitors service
41
SM
a symbol that designates an owners legal claim to an unregistered mark that is associated with a service
42
Sonny Bono Copyright Term Extension Act
a federal statute that estabished the time periods for copyright protection
43
Tangible Writings
writings that can be physically seen that are subject to copyright registration and protection
44
Tarnishment
a situation that occurs when a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner
45
TM
a symbol that designates an owner's legal claim to to an unregistered mark that is associated with a product
46
Trademark
a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business products/goods
47
Trademark Dilution Revision Act of 2006
a federal statute that provides that a dilution plaintiff does not need show that it has suffered actual harm to prevail in its dilution lawsuit, but instead only show that there would be the likelihood of dilution
48
Trademark Electronic Application System
a system that permits the electronic filing of trademark applications with the US Patent and Trademark Office
49
Trademark Infringement
unauthorized use of another's mark; the holder may recover damage and other remedies from the infringer
50
Trade Secret
a product formula, pattern, design, compilation of data, customer list, or other business secret
51
Uniform Trade Secrets Act
a uniform law that many states have adopted that gives statutory protection to trade secrets
52
US Copyright Office
a federal government agency with which copyrights for published and unpublished works may registered
53
US Court of Appeals for the Federal Circuit
a court of appeals located in Washington, DC that has special appellate jurisdiction to review the decisions of the US Court of Federal, US Patent and Trademark Office, and the US Court of International Trade
54
US Patent and Trademark Office
a federal government agency where applications for patents and trademarks are filed and decisions regarding these applications are made
55
Useful
a patent requirement that an invention has some practical purpose
56
Utility Patent
a patent that protect the functionality of the invention
57
Categories of Innovations
`machines `processes `compositions of matter `improvements to existing machines, processes (example is fosbury flop), compositions `designs for an article of manufacture `asexually reproduced plant `living material (smallest is virus and extreme cloning)
58
Patent Lengths
utility 20 years design 14 years plant 20 years
59
Two Types of Property
real and personal
60
Real Property
land; anything attached, embedded, underneath land
61
Personal Property
movable property; not real
62
Lost Property
true owner does not know where property is located; however, shows intent to claim ownership
63
Rules of Lost Property
1. lost property never retains owner of finding | 2. finder has right to posses property against whole world except true owner
64
Abandoned Property
true owner does not have possession of property and true owner makes no claim to retain ownership of the property
65
Rules of Abandoned Property
1. first person to exercise physical control becomes new true owner

Business Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions