Intellectual Property Flashcards
The exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.
Copyright
A violation of the rights secured by the owner of a copyright.
Copyright Infringement
Allows portions of copyrighted materials to be used without permission under certain circumstances.
Fair Use Doctrine
Increased trademark and copyright enforcement and substantially increased penalties for infringement. Included a program called “CHIP”.
The Prioritizing Resources and Organization for Intellectual Property Act of 2008
A network of over 150 experienced and trained federal prosecutors who focus on computer and intellectual property crimes.
Computer Hacking and Intellectual Property (CHIP)
A multilateral agreement governing international trade. Created the World Trade Organization to enforce compliance.
General Agreement on Tariffs and Trade (GATT).
Establishes minimum levels of protection that each government must provide to the intellectual property of all WTO members.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
An agency of the United Nations (established in 1967).
World Intellectual Property Organization (WIPO)
Implements WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty.
Digital Millennium Copyright Act (DMCA)
A grant of a property right issued by the USPTO to an inventor.
Patent
Issued for the invention of a new and useful process, machine, manufacture, or composition of matter.
Utility Patent
Issued for a new, original, and ornamental design embodied in or applied to an article of manufacture.
Design Patent
The violation of the rights secured by the owner of a patent.
Patent Infringement
The law that changed the U.S. Patent System from a “first to invent” to a “first inventor to file” system.
Leahy-Smith America Invents Act (2011)
Normalized the definition of trade secrets
Uniform Trade Secrets Act (UTSA)
Imposes penalties for the theft of trade secrets.
Economic Espionage Act
Amended the EEA to create a federal civil remedy for trade secret misappropriation.
Defend Trade Secrets Act (2016)
Organizations use these to prohibit employees from revealing trade secrets.
Nondisclosure clauses
This prohibits an employee from working for any competitors for a period of time (often 1-2 years).
Noncompete Agreement
The act of stealing someone’s ideas or words and passing them off as one’s own.
Plagiarism
The process of taking something apart to understand it.
Reverse Engineering
Any program whose source code is made available for use or modification, as users or other developers see fit.
Open Source Code
Legally obtained information gathered to help a company gain an advantage over its rivals.
Competitive Intelligence
The use of illegal means to obtain business information not available to the general public.
Industrial Espionage
A logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s.
Trademark
