Chapter 7 Flashcards
Intellectual Property Rights
Patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights from misappropriation and infringement.
Trade Secrets
A product formula, patter, design, compilation of data, customer list, or other business secret.
Federal Patent Statute
A federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement.
One Year “On Sale” Doctrine
A doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application.
American Inventors Protection Act
A federal statute that permits an inventor to file a provisional application with the U.S. Patent and Trademark Office three months before the filing of a final patent applications, among other provisions.
Patent Infringement
Unauthorized use of another’s patent. A patent holder may recover damages and other remedies against a patent infringer.
Copyright Revision Act
A federal statute that (1) establishes the requirements for obtaining a copyright and (2) protects copyrighted works from infringement.
Copyright Infringement
An infringement that occurs when a party copies a substantial and material part of a plaintiff’s copyrighted work without permissions. A copyright holder may recover damages and other remedies against the infringer.
Fair Use Doctrine
A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
No Electronic Theft Act (NET Act)
A federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000 in retail value.
Digital Millennium Copyright (DMCA)
A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works.
Lanham Act
An amended federal statute that (1) establishes the requirements for obtaining a federal mark and (2) protects marks from infringement.
Mark
The collective name for trademarks, service marks, certification marks, and collective marks that can be trademarked.
Trademark
A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
Service Mark
A mark that distinguishes the services of the holder from those of its competitors.
