Chapter 8 - IP Rights Flashcards
4 Protections of copyright
- Reproduction
- Development of derivatives
- Distribution - FIRST SALE DOCTRINE (applies Worldwide)
- Public Display
For works made for Hire, how long is the window for terminating assignments
5 Years
Works made for hire must be __ ___ for independent contractors
in writing
____ own works made for hire
Employers
3 Types of Copyright ownership
- Author of work
- Joint authors - limits authors ability (use of adverts)
- Works made for hire (employer owns copyright
3 Effects of work made for hire status
- Ownership - Hiring Party
- Termination of rights
- Duration - life of the author + 70 years (for works made on or after 1/1/78)
Prima Facie evidence of ownership
Assumed true until proven otherwise
Patent Trolls have to demonstrate _____ ____
Irreparable harm
TSM Test for patent trolls
Taught- previously
Suggested - previously
Motivated- inventor was
Exclusive copyright licenses must
Be in writing
Berne Convention
if a U.S. citizen writes a book, every country that has signed the convention must recognize the U.S. author’s copyright in the book.
copyright Range of Statutory Damages
$750 - $30,000 per infringement
could go from $30,000 to $150,00
If you want to collect statutory damages for copyright infringement
Have to have registered prior to the infringement
Within 3 months of publication
In order to sue for copyright infringement, you must
register your copyright
In order to have copyright protection, you
Don’t need to register your copyright (Prima facie evidence of ownership)
Remedies to copyright infringement
Monetary damages
Injunction
Criminal penalties
Fair Use looks at 4 features of infringement
- Nature and purpose of use (Parody?)
- Nature of copyrighted work (Expected to be copied)
- Amount of copyrighted work used
- Effect on market of copyrighted work (includes market for derivatives)
Patent law Protects
Inventions, exclusively by federal law (same as copyright)
3 types of patents
Utility - New and useful process, machine, composition of matter
Design - New & original ornamental design for an article of manufacture
Plant
Requirements for patents
New
Useful
Not an obvious extension of existing tech
Statutory bar refers to
the denial of patent if invention is disclosed 1 year prior to filing
Duration of Utility/Plant Patents
20 years from filing
Duration of Design patents
14 years from issuance of patent
LEAHY-SMITH AMERICA INVENTS ACT
Changed patent priority to first to file
time limit for challenging patents
9 month limit on challenging a patent on any ground
Reverse engineering is not limited by
20 year expiration
Inevitable disclosure doctrine for trade secrets
Backdoor covenants not to compete
-Likely to work if employee has been dishonest
Trademarks are reserved for
Goods
Protections for trademarks
Common law - First in time, first in right
State registration - Can operate with federal law
Federal Registration - can operate with State law
Federal registration of trademark
National Priority as against everyone except those who have used the trademark previously
Lanham Act 1a
Federal government can only regulate interstate commerce, must have trademark registered in more than 1 state
Lanham act 1b
Intent to use - explicit admission of non interstate commerce. Lasts 6 months, renew in 6 months up to 4 times
for trademarks, only common law rights are valid without a
Federal registration
5 strengths of marks (Strongest to weakest)
Fanciful - Made up word (GOOGLE)
Arbitrary - Real Word (common word not descriptive of product)
Suggestive - Suggests good (Dairy Queen)
Descriptive - Do not qualify for protection
Generic - IS product or service(Zipper) Not capable of protection
Remedies to Trademark infringement
- Injunction
- Damages
- Profits
Trademark Dilution
The more the mark is used, the weaker the mark becomes
Has to be famous to succeed federally
