Chapter 15 - Intellectual Property

Question 1

US Constitution, Article 1, Section 8

Answer 1

Federal law protects works of art, inventions, discoveries, etc.

Question 2

Patents

Answer 2

• A gov’t granting of exclusive rights to an inventor to use and market the invention for a time.

Question 3

Patent Infringement

Answer 3

Unauthorized copying of the invention. Patent holder can sue the infringing party. Protection usually lasts 20 yrs.

Question 4

To get a patent:

Answer 4

• Apply with PTO
• NON-OBVIOUS
• NOVEL
• USEFUL

Question 5

Trademarks

Answer 5

• A symbol, logo, name, phrase, image
• TM (trademark), R (registered trademark), SM (service mark)
• Some trademarks, such as refrigerator, has become generic, which we don’t want.

Question 6

Trademark Infringement/Trademark Dilution

Answer 6

Someone using a name, trademark, logo, similar to someone else’s is at risk of this.

Question 7

Copyrights

Answer 7

• Authors and Original Works

- Lasts for the life of the author + 70 yrs.

Question 8

Copyrightable Material Includes:

Answer 8

• Literary
• Musical
• Dramatic
• Pantomimes/Choreography
• Motion Pictures
• Sculptural
• Sound recordings
• Architecture

Question 9

Fair Use Exception

Answer 9

The law contains some exceptions to the general copyright statues and allows some uses by others w/o having to compensate the copyright owner.
- Ex. educational purposes

Question 10

ISP Liability

Answer 10

If you illegally download a movie, is ISP liable? Not if they follow strict guidelines given.

Question 11

Trade Secrets

Answer 11

Must keep them confidential and safeguarded. As long as you do this the gov’t says it is protected.

Question 12

Trade Dress

Answer 12

The design, shape, color, and overall appearance or image of a place or product.

• Federal law protects the unique features as part of a business’s intellectual property.
• Does it confuse the customer?