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Legal Responsibilities of Business > Intellectual Property > Flashcards

Intellectual Property Flashcards

1
Q

Intellectual property

A

Anything a creation of the mind

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2
Q

Intent of IP law

A

To incentivize creation

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3
Q

Difficulties of intellectual property

A

Not tangible; difficult to prove origin

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4
Q

Law governing trademarks

A

Lanham Act

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5
Q

Law governing copyright

A

Copyright Act

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6
Q

Law governing patents

A

Patent Act

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7
Q

Law governing trade secrets

A

State law

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8
Q

Trademark

A

Word, symbol, or phrase identifying product

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9
Q

Criteria of trademark

A

Distinctive and identifiable

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10
Q

Positive factors of trademark distinction

A

Arbitrary and fanciful

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11
Q

Negative factors of trademark distinction

A

Descriptive, generic

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12
Q

Trademark reusability

A

If in different industry/context

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13
Q

Likelihood of confusion method (part 1)

A

Strength of mark, similarity of marks, proximity of goods

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14
Q

Likelihood of confusion method (part 2)

A

evidence of confusion, degree of caution exercised by purchaser, intent

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15
Q

Why protection of trademark is important

A

Strength of mark is diluted otherwise

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16
Q

R symbol for trademark

A

Registration – increases trademark strength

17
Q

Patent

A

Grant of right to invention

18
Q

Limitation on patent

A

Typically 20 years but can be extended in some cases

19
Q

Why patent time limited

A

So technology can be improved

20
Q

Types of patent

A

Utility, design, plant

21
Q

Utility patent

A

Processes, compositions of matter

22
Q

Design patent

A

Ornamental designs

23
Q

Plant patent

A

Asexually reproduced plant

24
Q

Copyright

A

Original works of authorship

25
Q

When copyright exists

A

As soon as work fixed in tangible form of expression

26
Q

Registration for copyrights

A

Provides greater legal protection

27
Q

Work for hire clause

A

Type of contract clause which states that copyright for creations of employees at work are owned by business

28
Q

Trade secret

A

Confidential AND commercially valuable information providing a competitive advantage

29
Q

Trade secret example

A

Customer lists, bidding strategies

30
Q

CA state law governing trade secrets

A

Unlawful business practice under CA Unfair Practices Act

Legal Responsibilities of Business (9 decks)

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