Intellectual Property Flashcards
Intellectual Property
Creations of the mind for which a set of exclusive rights are recognized
Examples of Intangible Assets
Music, Literary works, artistic works, inventions, words, phrases, symbols and designs.
5 Kinds of IP Law
Copyrights Trademarks Patents Industrial Design Rights Trade Secrets
Examples of Trade Secrets
Formulas, Patterns, designs customer lists
Owner of a trade secret must take
all reasonable precautions such as locks, fencing or security guards to preserve secret
Stealing a trade secret subjects you to _______ and _________ penalties
Civil
Criminal
Federal Economic Espionage Act of 1996
Federal Crime for any person to convert trade secret to his or her benefit or the benefit of others
Porvides an incentive for inventors to invent and make their inventions public and to protect them from infringement
Federal Patent Statute of 1952
USPTO
United States Patent and Trademark Office
Patent applications must be filed with ____________
USPTO
`Invention must be
novel
useful
nonobvious
Patentable subject matter includes
machines, processes, composition of matter etc..
Patent holders usually affix the word __________ or ______ and the ___________ to the patented article
patent
pat.
patent number
If patent app. is filed but a patent has not yet been issued, the words __________ __________ are place on the article
patent pending
Patents on articles of manufacture and processes are valid for ____________
20 years
Design patents are valid for ___________
14 years
GATT
General Agreement on Tariffs and Trade
WTO
World Trade Orginization
US still follows _______________rule rather than ______________
first to invent
first to file
Patent holders own ___________________and ___________their patent.
exclusive right to use
exploit
Patent infringement
occurs when someone makes unauthorized use of another’s patent
A patnet may not be granted if the invention was used by the public for more than one year prior to filing.
Public Use Doctrine
Where do you register Copyrights
U.S. Copyright Office
Established the requirements for obtaining a copy right and protects copyrighted works from infringement
Copyright Revision Act
Tangible writings
writings that can be physically seen are the only ones subject to copyright registration and protection
Registration itself does not
create the copyright
Registration is ________________and _____________ and can be done at _____________during term of
permissive
voluntary
any time
copyright
In order for writing to be protected the work must be __________________
the original work of the author
Copyright term
life of the author plus 70 years
Corporation owned copyright is good for the shorter of ___________________
95 years from date of publication
120 years from date of creation
When a party copies a substantial and material part of the copyrighted work without permission
copyright infringement
Copyright infringement does not have to be
word for word or even the whole work.
Fair Use Doctrine
permits limited unauthorized use of copyrighted materials
Software Amendment
1980 law amended Copyright Act of 1976 to include computer programs
Computer program
a set of statement or instructions to be used directly or indirectly in a computer in order to bring about a certain result
DMCA
Digital Millennium Copyright Act
What does DMCA do
Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology
What Act prohibits the manufacture and distribution of technologies designed to circumvent wrappers or encryption on computer programs
DMCA
Prevents consumers from being confused as to origin of goods and services
Trademark
Mark
collective name for trademarks, service marks, certification marks and collective marks
Original registration is valid for _______and can be renewed for an ___________number of ___________periods
10 years
unlimited
10 years
Trademark
A distinctive mark, symbol, name, word, motto or device that identifies the goods of a particular business
Three Trademark examples
Coca Cola, Xerox, IBM
What is the symbol for a Registered Trademark
®
Service Mark
Used to distinguish the services of the holder form those of its comptetitors
Examples of Service Marks
United Airlines, Marriott Hotels, Weight Watchers
Certification Marks
used to verify that goods and services are of a certain quality or originate from specific geographical areas
Examples of Certification Marks
Napa Valley, Florida Oranges
Who is owner of Certification Marks
Usually non-profit corp. that licenses producers that meet standards and conditions
Collective Marks
Used by cooperatives, associations and fraternal orginizations
Example of Collective Mark
Boy Scouts of America
What cannot be a Mark
Flag or coat of arms form state or nation Immoral or Scandalous marks Geographical Names by themselves Surnames standing alone Any mark that resembles reg. mark
What happens when term becomes descriptive rather than distinctive?
Loses protection under federal trademark law
Examples of descriptive terms
Kleenex, Xerox, Toll House Cookies, escalator, cornflakes
