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Intellectual Property Flashcards

1
Q

Intellectual Property

A

Creations of the mind for which a set of exclusive rights are recognized

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2
Q

Examples of Intangible Assets

A

Music, Literary works, artistic works, inventions, words, phrases, symbols and designs.

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3
Q

5 Kinds of IP Law

A 
Copyrights
Trademarks
Patents
Industrial Design Rights
Trade Secrets
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4
Q

Examples of Trade Secrets

A

Formulas, Patterns, designs customer lists

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5
Q

Owner of a trade secret must take

A

all reasonable precautions such as locks, fencing or security guards to preserve secret

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6
Q

Stealing a trade secret subjects you to _______ and _________ penalties

A

Civil

Criminal

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7
Q

Federal Economic Espionage Act of 1996

A

Federal Crime for any person to convert trade secret to his or her benefit or the benefit of others

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8
Q

Porvides an incentive for inventors to invent and make their inventions public and to protect them from infringement

A

Federal Patent Statute of 1952

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9
Q

USPTO

A

United States Patent and Trademark Office

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10
Q

Patent applications must be filed with ____________

A

USPTO

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11
Q

`Invention must be

A

novel
useful
nonobvious

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12
Q

Patentable subject matter includes

A

machines, processes, composition of matter etc..

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13
Q

Patent holders usually affix the word __________ or ______ and the ___________ to the patented article

A

patent
pat.
patent number

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14
Q

If patent app. is filed but a patent has not yet been issued, the words __________ __________ are place on the article

A

patent pending

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15
Q

Patents on articles of manufacture and processes are valid for ____________

A

20 years

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16
Q

Design patents are valid for ___________

A

14 years

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17
Q

GATT

A

General Agreement on Tariffs and Trade

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18
Q

WTO

A

World Trade Orginization

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19
Q

US still follows _______________rule rather than ______________

A

first to invent

first to file

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20
Q

Patent holders own ___________________and ___________their patent.

A

exclusive right to use

exploit

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21
Q

Patent infringement

A

occurs when someone makes unauthorized use of another’s patent

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22
Q

A patnet may not be granted if the invention was used by the public for more than one year prior to filing.

A

Public Use Doctrine

23
Q

Where do you register Copyrights

A

U.S. Copyright Office

24
Q

Established the requirements for obtaining a copy right and protects copyrighted works from infringement

A

Copyright Revision Act

25
Tangible writings
writings that can be physically seen are the only ones subject to copyright registration and protection
26
Registration itself does not
create the copyright
27
Registration is ________________and _____________ and can be done at _____________during term of
permissive voluntary any time copyright
28
In order for writing to be protected the work must be __________________
the original work of the author
29
Copyright term
life of the author plus 70 years
30
Corporation owned copyright is good for the shorter of ___________________
95 years from date of publication | 120 years from date of creation
31
When a party copies a substantial and material part of the copyrighted work without permission
copyright infringement
32
Copyright infringement does not have to be
word for word or even the whole work.
33
Fair Use Doctrine
permits limited unauthorized use of copyrighted materials
34
Software Amendment
1980 law amended Copyright Act of 1976 to include computer programs
35
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
36
DMCA
Digital Millennium Copyright Act
37
What does DMCA do
Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology
38
What Act prohibits the manufacture and distribution of technologies designed to circumvent wrappers or encryption on computer programs
DMCA
39
Prevents consumers from being confused as to origin of goods and services
Trademark
40
Mark
collective name for trademarks, service marks, certification marks and collective marks
41
Original registration is valid for _______and can be renewed for an ___________number of ___________periods
10 years unlimited 10 years
42
Trademark
A distinctive mark, symbol, name, word, motto or device that identifies the goods of a particular business
43
Three Trademark examples
Coca Cola, Xerox, IBM
44
What is the symbol for a Registered Trademark
®
45
Service Mark
Used to distinguish the services of the holder form those of its comptetitors
46
Examples of Service Marks
United Airlines, Marriott Hotels, Weight Watchers
47
Certification Marks
used to verify that goods and services are of a certain quality or originate from specific geographical areas
48
Examples of Certification Marks
Napa Valley, Florida Oranges
49
Who is owner of Certification Marks
Usually non-profit corp. that licenses producers that meet standards and conditions
50
Collective Marks
Used by cooperatives, associations and fraternal orginizations
51
Example of Collective Mark
Boy Scouts of America
52
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 ```
53
What happens when term becomes descriptive rather than distinctive?
Loses protection under federal trademark law
54
Examples of descriptive terms
Kleenex, Xerox, Toll House Cookies, escalator, cornflakes

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