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Business Law > Chapter 7: intellectual property and cyber piracy > Flashcards

Chapter 7: intellectual property and cyber piracy Flashcards

1
Q

American Inventors Protection Act

A

permits an inventor to file a provisional application with PTO so inventor has time to prepare and file a final and complete patent application

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2
Q

Berne Convention

A

an international copyright treaty; eliminated need to place the © symbol

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3
Q

Blurring

A

where a party uses another party’s famous mark to designate a product or service in another market

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4
Q

©

A

A symbol that provides notification that the work to which it is attached is copyrighted

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5
Q

Certification Mark

A

a mark that certifies that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark

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6
Q

Collective Membership Mark

A

a mark that indiates that a person has met the standards set by an organization and is a member of that organization

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7
Q

Copyright

A

a legal right that gives author of qualifying subject matter the right to publish, reproduce, sell, license and distribute the work

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8
Q

Copyright Infringement

A

an infringement that occurs when a party copies a substantial and material part of a plaintiff’s copyrighted work without permission

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9
Q

Copyright Registration Certificate

A

certificate that is issued to a copyright holder who has properly registered his or her copyright

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10
Q

Copyright Revision Act

A

a federal statute that

  1. establishes requirements for obtaining copyright
  2. protects copyrighted works from infringement
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11
Q

Design Patent

A

a patent that may be obtained for the ornamental nonfunctional design of an item

0 utility, ornamental
example is beetle car roundness and corvettes

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12
Q

Digital Millennium Copyright Act (DMCA)

A

federal statute that prohibits its unauthorized access to copyrighted digital works by circumventing encryption technology

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13
Q

Dilution

A

the lessening of the capacity of a famous mark to identify and distinguish its holders goods of dilution
two most common forms:
1. blurring
2. tarnishment

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14
Q

Distinctive

A

a word or a design that is unique and therefore qualifies as a trademark

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15
Q

Economic Espionage Act (EEA)

A

a federal statute that makes it a crime for any person to convert a trade secret for their own or another’s benefit

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16
Q

Encryption Technology

A

technology and software that protect copyrighted works from unauthorized access

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17
Q

Fair Use Doctrine

A

a doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder

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18
Q

Federal Patent Statute

A

a federal statute that establishes the requirements for obtaining a patent and protects patented inventions from infringement

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19
Q

Federal Trademark Dilution Act (FTDA)

A

a federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing

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20
Q

First to invent rule

A

a rule that stipulates that the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application

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21
Q

Generic name

A

a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection

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22
Q

Intellectual Property

A

patents, copyrights, trademarks, and trade secrets; federal and state law protects these from misappropriation and infringement

personal property which is intangible

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23
Q

Lanham (Trademark) Act

A

a federal statute that

  1. establishes requirements for obtaining federal mark
  2. protects marks from infringement
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24
Q

Mark

A

any trade name, symbol, word, design, logo, or device used to identify and distinguish goods of a manufacturer or seller or services of a provide from those of other manufacturers, sellers, or providers

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25
Q

Misappropriation of a Trade Secret

A

the unlawful misappropriation of another’s trade secret

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26
Q

No Electronic Theft Act

A

a federal statute that makes it a crime for a person to willfully infringe on a copyright

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27
Q

Nonobvious

A

a patent requirement that an invention is nonobvious; if it is obvious, then it does not qualify for a patent

28
Q

Novel

A

a patent requirement that an invention is new and has not been invented and used in the past

29
Q

One Year “On Sale” Doctrine

A

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

30
Q

Patent

A

a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the patent for a limited amount of time

31
Q

Patent Application

A

an application that is filed with the US Patent and Trademark Office that must contain a written description of the invention sought to be patented

32
Q

Patent Infringement

A

unauthorized use of another’s patent; a patent holder may recover damages and other remedies against a patent infringer

33
Q

Patent Number

A

a number that is assigned to a patent if a patent is granted

34
Q

Patent Pending

A

a designation that an applicant can use on an article if a patent application has been filed but a patent has not yet issued

35
Q

Provisional Application

A

an application that an inventor may file with the Patent and Trademark Office that gives the inventor three months to prepare a final patent application

36
Q

Public Domain (copyright)

A

anyone can publish the work without paying the prior copyright holder

37
Q

Public Domain (patent)

A

anyone can produce and sell the invention without paying the prior patent holder

38
Q

Reverse Engineering

A

taking apart and examining a rival’s product or re-creating a secret recipe

39
Q

Secondary Meaning

A

consists of the use of ordinary words or symbols by a party to the extent that they have acquired a secondary meaning and qualify for trademark or service mark status under federal trademark

40
Q

Service Mark

A

a mark that distinguishes the services of the holder from those of its competitors

service

41
Q

SM

A

a symbol that designates an owners legal claim to an unregistered mark that is associated with a service

42
Q

Sonny Bono Copyright Term Extension Act

A

a federal statute that estabished the time periods for copyright protection

43
Q

Tangible Writings

A

writings that can be physically seen that are subject to copyright registration and protection

44
Q

Tarnishment

A

a situation that occurs when a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark’s owner

45
Q

TM

A

a symbol that designates an owner’s legal claim to to an unregistered mark that is associated with a product

46
Q

Trademark

A

a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business

products/goods

47
Q

Trademark Dilution Revision Act of 2006

A

a federal statute that provides that a dilution plaintiff does not need show that it has suffered actual harm to prevail in its dilution lawsuit, but instead only show that there would be the likelihood of dilution

48
Q

Trademark Electronic Application System

A

a system that permits the electronic filing of trademark applications with the US Patent and Trademark Office

49
Q

Trademark Infringement

A

unauthorized use of another’s mark; the holder may recover damage and other remedies from the infringer

50
Q

Trade Secret

A

a product formula, pattern, design, compilation of data, customer list, or other business secret

51
Q

Uniform Trade Secrets Act

A

a uniform law that many states have adopted that gives statutory protection to trade secrets

52
Q

US Copyright Office

A

a federal government agency with which copyrights for published and unpublished works may registered

53
Q

US Court of Appeals for the Federal Circuit

A

a court of appeals located in Washington, DC that has special appellate jurisdiction to review the decisions of the US Court of Federal, US Patent and Trademark Office, and the US Court of International Trade

54
Q

US Patent and Trademark Office

A

a federal government agency where applications for patents and trademarks are filed and decisions regarding these applications are made

55
Q

Useful

A

a patent requirement that an invention has some practical purpose

56
Q

Utility Patent

A

a patent that protect the functionality of the invention

57
Q

Categories of Innovations

A

machines processes
compositions of matter improvements to existing machines, processes (example is fosbury flop), compositions
designs for an article of manufacture asexually reproduced plant
`living material (smallest is virus and extreme cloning)

58
Q

Patent Lengths

A

utility 20 years
design 14 years
plant 20 years

59
Q

Two Types of Property

A

real and personal

60
Q

Real Property

A

land; anything attached, embedded, underneath land

61
Q

Personal Property

A

movable property; not real

62
Q

Lost Property

A

true owner does not know where property is located; however, shows intent to claim ownership

63
Q

Rules of Lost Property

A
  1. lost property never retains owner of finding

2. finder has right to posses property against whole world except true owner

64
Q

Abandoned Property

A

true owner does not have possession of property and true owner makes no claim to retain ownership of the property

65
Q

Rules of Abandoned Property

A
  1. first person to exercise physical control becomes new true owner

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