Chapter 14b Flashcards

1
Q

Business make up outer shell

A

Business Assets

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2
Q

Business make up 2nd outer shell

A

Intangible Assets

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3
Q

Business make up 3rd outer shell (1)

A

Soft IP - Trade secret

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4
Q

Business make up inner most shell (3)

A

Hard IP: Patent, Copyright, Trademark

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5
Q

IP Appropriability (2)

A

degree to which a firm can capture the rents from its innovation
how easily or quickly competitors can imitate idea

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6
Q

nature of technology itself - Tacit Knowledge

A

cannot be readily codified into documents or procedures

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7
Q

nature of technology itself - Socially complex Knowledge

A

arises through complex interactions between people

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8
Q

Origins of IP protection (3)

A
  • 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
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9
Q

Intellectual Property

A

Is created by human intelligence such as ideas, logos, slogans, and processes

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10
Q

4 types of IP

A

Copyright, trademark, patent, trade secret

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11
Q

Trade Secret

A

confidential information that provides companies with a competitive edge and is not publicly known or accessible

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12
Q

Trade secret examples (4-5)

A

formulas, customer lists, programs, methods, processes

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13
Q

What does trade secret protect

A

violation of common law or contract law

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14
Q

what does trade secret not protect (3)

A

reverse engineering, accidental leakage, competitor unmasking

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15
Q

Trade secret life

A

indefinite life

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16
Q

Patent

A

grant of rights on inventions through government.
Excludes others from making, using or selling invention for a limited time period

17
Q

Types of patents (3)

A

utility, design, plant

18
Q

Utility patents (most common)

A

how things work

19
Q

Design patents

A

how things look

20
Q

Plant patent

A

protects a new and unique plant’s characteristics from being copied

21
Q

Conditions of a patent (3)

A

useful, novel, non-obvious/inventive

22
Q

Characteristics of a patent (4)

A

bounded, territorial, can expire, not renewable

23
Q

expiration of patent and is it renewable

A

typically 20 years from filing and not renewable

24
Q

What country is patent denied on moral grounds
what country is patent denied on basis higher life form cannot be patented

A

Europe
Canada

25
Q

Copyright and 5 examples

A

form of protection provided to creators of original work etc literary, computer programs, dramatic work, musical work, artistic work

26
Q

What is not copyrightable and (4)

A

not fixed in tangible form of expression
ideas
works containing information on common property
titles

27
Q

not copyrightable - not fixed in tangible form of expression

A

spontaneous speech

28
Q

not copyrightable - ideas

A

expression of ideas are copyrightable but ideas themselves are not copyrightable

29
Q

not copyrightable - works of common property

A

not original etc, calendar tables, other planners

30
Q

not copyrightable - titles

A

etc books, movies, brand names, songs, names

31
Q

possible rights given by copyright owner (3)

A

reproduce copyrighted work
produce new version or derivations of copyright
publicly distribute, display or perform work

32
Q

can copy rights expire?
Life of author example
company/no author example

A

yes can expire
+70 years after authors death
95 years from year of first publication or 120 years from year of creation, whichever first

33
Q

Trademark

A

any word, visual, letter, sound, smell or design used in business to identify and promote a product

34
Q

Trademarks’s are or are not renewable

A

they are renewable

35
Q

Common IP traps (5)
3-failures
1-inability
1-publicly

A

publicly disclosing innovation
failure to protect product and processes
inability to determine originality
failure to assign ownership
failure to protect IP in global markets