INTELLECTUAL PROPERTY Flashcards
SKILL
Works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct and owned or created by a single person or group. Intellectual property is protected through copyright, patent, trade secret, and trademark laws.
INTELLECTUAL PROPERTY
The exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work; granted to creators of original works of authorship.
COPYRIGHT
A violation of the rights secured by the owner of a copyright; occurs when someone copies a substantial and material part of another’s copyrighted work without permission.
COPYRIGHT INFRIGMENT
A legal doctrine that allows portions of copyrighted materials to be used without permission under certain circumstances. Title 17, section 107, of the U.S. Code established the following four factors that courts should consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty: (1) the purpose and character of the use (such as commercial use or nonprofit, educational purposes), (2) the nature of the copyrighted work, (3) the portion of the copyrighted work used in relation to the work as a whole, and (4) the effect of the use on the value of the copyrighted work.
FAIR USE DOCTRINE
An act that created the position of Intellectual Property Enforcement Coordinator within the Executive Office of the President. It also increased trademark and copyright enforcement and substantially increased penalties for infringement.
PRO-IP PRIORITIZING RESOURCES AND ORGANIZATION FOR INTELLECTUAL PROPERTY
establish minimum levels of protection that each government must provide to the intellectual property of all WTO members. This binding agreement requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.
TRIPS - TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY
was signed into law in 1998, addresses a number of copyright-related issues. provides limitations on the liability of an ISP for copyright infringement that can arise when an ISP subscriber posts copyrighted material such as audio tracks, videos, books, and news articles on the Internet
DMCA - DIGITAL MILLENIUM COPYRIGHT ACT
A grant of a property right issued by the U.S. Patent and Trademark Office to an inventor; permits its owner to exclude the public from making, using, or selling a protected invention, and allows for legal action against violators.
PATENT
A type of patent “issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to 20 years from the date of patent application filing, subject to the payment of maintenance fees.”
UTILITY PATENT
A type of patent that permits its owner to exclude others from making, using, or selling the design in question.
DESIGN PATENT
A violation of the rights secured by the owner of a patent; occurs when someone makes unauthorized use of another’s patent.
PATENT INFRIGMENT
An act that changed the U.S. patent system so that the first person to file with the U.S. Patent and Trademark Office will receive the patent, not necessarily the person who actually invented the item first.
LEAHY-SMITH AMERICA INVENTS ACT
SOFTWARE COMPANIES AGREEMENT NOT TO SUE EACH OTHER OVER PATENT INFRIGMENT
CROSS LICENSING
An act drafted in the 1970s to bring uniformity to all the United States in the area of trade secret law.
UTSA - UNIFORM TRADE SECRETS ACT
The act of stealing someone’s ideas or words and passing them off as one’s own.
PLAGIARISM
The process of taking something apart in order to understand it, build a copy of it, or improve it. NO ETHICAL QUESTION IF DONE IN HOUSE 3RD PARTY SOFTWARE CONSIDERED UNETHICAL
REVERSE ENGINEERING
Any program whose source code is made available for use or modification, as users or other developers see fit.
OPEN SOURCE CODE
A logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s.
TRADEMARK
A person or company that registers domain names for famous trademarks or company names to which they have no connection, with the hope that the trademark’s owner will buy the domain name for a large sum of money.
CYBERSQUATTER
A legal doctrine that allows portions of copyrighted materials to be used without permission under certain circumstances. Title 17, section 107, of the U.S. Code established the following four factors that courts should consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty: (1) the purpose and character of the use (such as commercial use or nonprofit, educational purposes), (2) the nature of the copyrighted work, (3) the portion of the copyrighted work used in relation to the work as a whole, and (4) the effect of the use on the value of the copyrighted work.
FAIR USE DOCTRINE
INFROMATION/FORMULAS/PATTERN/COMPULATION/;PROGRAM/DEVISE/METHOD/TECHNIQUE/PROCESS INDEPENT ECONOMIC VALUE TO MAINTAIN SECREECY
TRADE SECRET
FEDERAL COURT REMDEY DEFEND TRADE SECRETS ACT AMMENDED CREATES FEDERAL CIVIL PREMEDY
TRADE SECRET MISAPPROPRIATION
An act passed in 1996 to help law enforcement agencies pursue economic espionage. It imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.
EEA - ECONOMIC ESPIONAGE ACT
The existing body of knowledge that is available to a person of ordinary skill in the art.
PRIOR ART
