Chapter 8- IP rights

Question 1

Intellectual Property

Answer 1

Property created by human intellect that has commercial use/ application

Question 2

Examples of Intellectual Property

Answer 2

Ideas, imagery, relationships

Question 3

Types of IP

Answer 3

Patents, Trademarks, Copyright, Trade Secrets

Question 4

Trade Secrets

Answer 4

IP rights on confidential information

Question 5

Legal Test for Trade Secrets

Answer 5

1. Info is of a commercial nature
2. kept in confidence (Not made public)
3. provides a competitive advantage

Question 6

Patents

Answer 6

-Protects functions
-monopoly rights for inventions or improvements of inventions
- non-renewable for 20 years
-after 20 years, Inventor must fully disclose the invention to others
-Must be registered in each jurisdiction of operation

Question 7

How to get a patent?

Answer 7

1. Get a lawyer (Highly specialized process)
2. Search jurisdictions for “prior art”
3. Fill in national, regional forms, or PCT
4. submit form to national or regional offices

Question 8

Patent- Legal Test

Answer 8

Novelty- different from publically available ideas

Utility- Must be useful and have some application

Non- obvious- cant be obvious to a “normal person” or “ordinary skill”

Must be a proper subject matter

Question 9

Trademarks

Answer 9

Protects elements used to distinguish products/ services in the marketplace from another (branding)

Question 10

Copyright

Answer 10

Exclusive right of a creator of a literacy, musical, or artistic work to publish and authorize other to do the same

Question 11

Examples of copyright

Answer 11

books, instructions, essays, ads, song lyrics, poems, photos, art, maps, logos, films,