Intellectual Property Flashcards
Under …………….. law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical works, literary works, artistic works, discoveries, inventions, words, phrases, symbols, and designs.
Intellectual Property
Kinds of IP Law
Copyrights Trademarks Patents Industrial Design Rights Trade Secrets
……………………….Include product formulas, patterns, designs, compilations of data, customer lists, and other business secrets.
Trade Secrets
……………….are not necessarily covered by patents, copyrights, or trademarks because they don’t qualify or they’re simply not patented, copyrighted, or trademarked
Trade Secrets
The owner of a……….. must take all reasonable precautions (like fencing, locks, security guards) to prevent others from discovering it.
trade secret
Trade Secret Lawsuits are…………
Civil lawsuit
If the trade secret lawsuit is successful, a plaintiff can …………
Recover the profits made by the offender from the use of the trade secret;
Recover for damages; and
Obtain an injunction prohibiting the offender from divulging or using the trade secret.
Under the………………………….. it’s a federal crime for any person to convert a trade secret to his or her benefit or for the benefit of others, knowing or intending that doing so would cause injury to the owner of the trade secret.
Federal Economic Espionage Act of 1996,
Penalties for espionage for an organization include fines of up to……….. per criminal act. For individuals, they can face up to………………….. per criminal violation
$5 million
15 years in prison
The …………………….provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement
Federal Patent Statute of 1952
……………………………………………….was created in 1982 to hear patent appeals in order to promote uniformity in patent law.
The Court of Appeals for the Federal Circuit in DC
USPTO stands for
United States Patent and Trademark Office
Patent application must be filed with ……………
United States Patent and Trademark Office
Patentable subject matter includes
machines, processes, compositions of matter, improvements to existing machines, processes, or composition of matter, designs for an article of manufacture, asexually reproduced plants, and living material invented by a person.
Patent holders usually affix the Word……………. and the patent number to the patented article.
Patent or Pat
If the patent application is filed but a patent has not yet been issued, the applicant usually places the words …………………on the article.
patent pending
Patents on articles of manufacture and processes are valid for ……………. (design patents for ………………), starting when the application was filed.
20 years
14 years
GATT stands for……..
the General Agreement on Tariffs and Trade
WTO stands for………….
World Trade Organization
In 1994, the GATT established the………………
General Agreement on Tariffs and Trade (GATT)World Trade Organization (WTO).
For patents the US still follows the…………….rule rather than the ………………….rule followed by some other countries.
“first to invent”
“first to file”
Patent holders own…………………. to use and exploit their patent.
exclusive rights
The …………………………….says that a patent may not be granted if the invention was used by the public for more than one year prior to filing.
Public Use Doctrine
A……………………….. is the exclusive legal right to reproduce, publish, and sell, literary, musical, or artistic work.
copyright
The ……………………………….. established the requirements for obtaining a copyright and protects copyrighted works from infringement
Copyright Revision Act
…………..is another area of patent law
Copyrights
Only tangible …………………..are subject to copyright registration and protection.
writings
The term writing has been broadly defined to include
books, periodicals, newspapers, lectures, sermons, addresses, musical compositions, plays, movies, radio and television productions, maps, works of art, paintings, drawings, sculpture, jewelry, glassware, tapestry, lithographs, architectural drawings and models, photographs, prints, slides, filmstrips, greeting cards, postcards, films, cartoons, sound recordings.
To be protected under federal copyright law, the work must be ……………………….of the author.
the original work
Does registration itself create the copyright?
no
The term of a copyright now is……………………..
the life of the author plus 70 years.
If a corporation owns the copyright, it is good for …………………………..from the date of publication or from the date of creation, whichever is shorter.
95 years
120 years
Occurs when a party copies a substantial and material part of the plaintiff’s copyrighted work without permission.
Copyright Infringement
The law permits limited unauthorized use of copyrighted materials under the …………………
Fair Use Doctrine
Fair Use Doctrine permits……………………………..
Quotation of the copyrighted work for review or criticism or in a scholarly or technical work;
Use in a parody or satire;
Brief quotation in a news report;
Reproduction by a teacher or student of a small part of the work (usually <10%) to illustrate a lesson;
Incidental reproduction of a broadcast of an event being reported; and
Reproduction of a legislative or judicial work.
……………………………is defined as “a set of statement or instructions to be used directly or indirectly in a computer in order to bring about a certain result.”
Computer program
DMCA stands for……………and was enacted by……………
Digital Millennium Copyright Act
Congress
What the DMCA does
Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology that protects the IP; and
Prohibits the manufacture and distribution of technologies, products, or services designed primarily for the purpose of circumventing wrappers or encryption protection.
DMCA has civil and criminal penalties up to ……………. fine and ………..in prison.
$1 million
10 years
…………………….is intended to:
Protect the owner’s investment and goodwill in a mark; and
Prevent consumers from being confused as to the origin of goods and services.
Trademark law
……………….is the collective name for trademarks
Mark
Trademarks are registered with the …………………….
USPTO.
Original registration for trademarks is valid for ……………… Renewed for an unlimited number of
10 years.
10-year periods.
A …………………………. is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
trademark
For example, the words………………………. are trademarks.
Xerox, Coca-Cola, and IBM
A………………… is used to distinguish the services of the holder from those of its competitors.
service mark
Examples of service marks are trade names like……………………………
United Airlines, Marriott Hotels, and Weight Watchers.
A…………………………. is used to verify that goods and services are of a certain quality or originate from specific geographical areas.
certification mark
Examples of certification marks are………..
Napa Valley of California or Florida oranges.
The owner of the mark usually is a…………………….. that licenses producers that meet certain standards or conditions to use the mark.
nonprofit corporation
A………………………. is used by cooperatives, associations, and fraternal organizations.
collective mark
An example of a collective mark is
“Boy Scouts of America.”
What cannot be a mark
A flag or coat of arms of the U.S., any state, or foreign nation;
Marks that are immoral or scandalous;
Geographical names standing alone (the “South”);
Surnames standing alone (but ok with a picture or fanciful name like “Smith Brothers’ Cough Drops);
Any mark that resembles a mark already registered with the USPTO.
Can a Name of a product lose protection under federal trademark law because it has become descriptive rader tan distinctive?
yes
Give examples of names that have lost their trademark
kleenex, escalator, wind surfer, trampoline, cornflakes, kerosene, toll house cookies, and xerox.
