Intellectual Property Flashcards
Intellectual property
Anything a creation of the mind
Intent of IP law
To incentivize creation
Difficulties of intellectual property
Not tangible; difficult to prove origin
Law governing trademarks
Lanham Act
Law governing copyright
Copyright Act
Law governing patents
Patent Act
Law governing trade secrets
State law
Trademark
Word, symbol, or phrase identifying product
Criteria of trademark
Distinctive and identifiable
Positive factors of trademark distinction
Arbitrary and fanciful
Negative factors of trademark distinction
Descriptive, generic
Trademark reusability
If in different industry/context
Likelihood of confusion method (part 1)
Strength of mark, similarity of marks, proximity of goods
Likelihood of confusion method (part 2)
evidence of confusion, degree of caution exercised by purchaser, intent
Why protection of trademark is important
Strength of mark is diluted otherwise
R symbol for trademark
Registration – increases trademark strength
Patent
Grant of right to invention
Limitation on patent
Typically 20 years but can be extended in some cases
Why patent time limited
So technology can be improved
Types of patent
Utility, design, plant
Utility patent
Processes, compositions of matter
Design patent
Ornamental designs
Plant patent
Asexually reproduced plant
Copyright
Original works of authorship
When copyright exists
As soon as work fixed in tangible form of expression
Registration for copyrights
Provides greater legal protection
Work for hire clause
Type of contract clause which states that copyright for creations of employees at work are owned by business
Trade secret
Confidential AND commercially valuable information providing a competitive advantage
Trade secret example
Customer lists, bidding strategies
CA state law governing trade secrets
Unlawful business practice under CA Unfair Practices Act
