Chapter 14b Flashcards
Business make up outer shell
Business Assets
Business make up 2nd outer shell
Intangible Assets
Business make up 3rd outer shell (1)
Soft IP - Trade secret
Business make up inner most shell (3)
Hard IP: Patent, Copyright, Trademark
IP Appropriability (2)
degree to which a firm can capture the rents from its innovation
how easily or quickly competitors can imitate idea
nature of technology itself - Tacit Knowledge
cannot be readily codified into documents or procedures
nature of technology itself - Socially complex Knowledge
arises through complex interactions between people
Origins of IP protection (3)
- napoleon’s military victory in Italy
- rights to opera composers in lifetime +10years for their heirs to collect royalties from repeated performances of composed operas
- enacted lombardy and venetia
Intellectual Property
Is created by human intelligence such as ideas, logos, slogans, and processes
4 types of IP
Copyright, trademark, patent, trade secret
Trade Secret
confidential information that provides companies with a competitive edge and is not publicly known or accessible
Trade secret examples (4-5)
formulas, customer lists, programs, methods, processes
What does trade secret protect
violation of common law or contract law
what does trade secret not protect (3)
reverse engineering, accidental leakage, competitor unmasking
Trade secret life
indefinite life
Patent
grant of rights on inventions through government.
Excludes others from making, using or selling invention for a limited time period
Types of patents (3)
utility, design, plant
Utility patents (most common)
how things work
Design patents
how things look
Plant patent
protects a new and unique plant’s characteristics from being copied
Conditions of a patent (3)
useful, novel, non-obvious/inventive
Characteristics of a patent (4)
bounded, territorial, can expire, not renewable
expiration of patent and is it renewable
typically 20 years from filing and not renewable
What country is patent denied on moral grounds
what country is patent denied on basis higher life form cannot be patented
Europe
Canada
Copyright and 5 examples
form of protection provided to creators of original work etc literary, computer programs, dramatic work, musical work, artistic work
What is not copyrightable and (4)
not fixed in tangible form of expression
ideas
works containing information on common property
titles
not copyrightable - not fixed in tangible form of expression
spontaneous speech
not copyrightable - ideas
expression of ideas are copyrightable but ideas themselves are not copyrightable
not copyrightable - works of common property
not original etc, calendar tables, other planners
not copyrightable - titles
etc books, movies, brand names, songs, names
possible rights given by copyright owner (3)
reproduce copyrighted work
produce new version or derivations of copyright
publicly distribute, display or perform work
can copy rights expire?
Life of author example
company/no author example
yes can expire
+70 years after authors death
95 years from year of first publication or 120 years from year of creation, whichever first
Trademark
any word, visual, letter, sound, smell or design used in business to identify and promote a product
Trademarks’s are or are not renewable
they are renewable
Common IP traps (5)
3-failures
1-inability
1-publicly
publicly disclosing innovation
failure to protect product and processes
inability to determine originality
failure to assign ownership
failure to protect IP in global markets
