Ch 7: Intellectual Property and Cyber Piracy Flashcards
Trade Secrets
-Product formula
-Pattern
-Design
-Compilation of data
-Customer list or other business secret
Uniform Trade Secrets Act
Gives statutory protection to trade secrets.
Federal law provides protection for intellectual property rights by:
-Patents
-Copyright
-Trademarks
Economic Espionage Act
Makes it a federal crime to:
-Convert a trade secret to his or her benefit (unless reversed engineered)
-Doing so with the intention of hurting the owner of the trade secret
-Includes computer espionage
Patent
Exclusive right to sell,, or license the invention for a limited amount of time. Protects patented invention from infringement.
Patent one year “on sale” doctrine
Patent will not be granted if invention was public one year prior to application filing
Copyright Revision Act of 1976
-Protects copyrighted works from infringement.
-Only tangible writings are subject to copyright registration and protection.
-Copyright can be sold or licensed to others
Registration of copyrights
-Must be original work
-Register with U.S. Copyright Office
-No required to use “c”
Fair use doctrine
Permits certain limited unauthorized use of copyrighted materials
No electronic theft act
Makes it a crime for a person to willfully infringe on a copyright
Digital Millennium Copyright Act
Makes it a crime to circumvent encryption technology (pirated dvds, etc)
Trademark
Used to identify and distinguish goods of a manufacturer or seller or services of a provider from others
What can a trademark be?
-Trade name
-Symbol
-Word
-Logo
-Design
-Device
Lanham Trademark Act
Protects owner’s investment and goodwill in a mark.
Prevents consumers from being confused as to origin of goods and services.
Registration of trademark
-Mark may be registered if it has been used in commerce
-Can be registered 6 months prior to use
-Mark is lost if not used within 6 months
-Mark may be opposed by third parties if too similar to already existing one
-The use of the symbol “R” is not mandatory
