intellectual property Flashcards
Intellectual Property (IP)
economically significant type of intangable personal property that Includes trade secrets, trade symbols, copyrights, and patents.
Infringement
Unauthorized use.
When a person without authorization uses a substantially indistinguishable mark that is likely to cause
confusion mistake or deception
Infringement on trade symbols
Occurs when a person without authorization uses a substantially indistinguishable mark that is likely to cause confusion, mistake or deception.
Trade secrets
Commercially valuable, secret information
.•Nondisclosure agreement
•Remedies: Damages or injunctive relief.
example would be coca colas drink
Copyright
A form of protection- exclusive right granted to original works of authorship, usually for the author’s life plus seventy years.
Infringement occurs when
someone exercises the copyright owner’s rights without authorization.
Copyright registration
is not required. but if you do you get additional remedies
Is registration of copyright required to protect from infringement?
- No beings as soon the work is fixed in a tangible medium
Patent
The exclusive right to an invention for a specific number of years
Patents are issued upon
application to and after examination by the US Patent and Trademark office.
Why would some business decide not to file for a patent to protect their IP?
- If they keep it secret, the patent wont expire. After they try to patent it and are rejected, it is then public record.
What is patentability?
A condition that must be met for a patent to be held valid.
To be able to patent something
it can’t be obvious
