Intellectual Property Flashcards
IP
Intellectual Property
_____________________ for which a set of exclusive rights are recognized - and the corresponding fields of law.
Creations of the mind
Creations of the mind for which a ___________________________________ - and the corresponding fields of law.
set of exclusive rights are recognized
Under IP law, owners are granted certain _______________________________ to a variety of intangible assets, such as musical works, literary works, artistic works, discoveries, inventions, words, phrases, symbols, and designs.
certain exclusive rights
5 areas of IP law
- Copyrights
- Trademarks
- Patents
- Industrial Design Rights
- Trade Secrets
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.
TRUE
The owner of a trade secret must take ____________________________________________ to prevent others from ________________________.
all reasonable precautions
discovering the secret
Trade Secret Lawsuits
Civil lawsuit
If a civil trade secret lawsuit is successful, a plaintiff can (3 things)
- Recover the profits made by the offender from the use of the trade secret
- Recover the 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.
Economic Espionage Act of 1996
Penalties for an organization that converts a trade secret and violates the Economic Espionage Act of 1996 includes fines up to ____________________ per criminal act.
$15 million dollars
Penalty for trade secret conversion in violation of the Economic Espionage Act of 1996 for individuals is
facing up to 15 years in prison per criminal act
The _________________________________ provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement.
Federal Patent Statute of 952
______________________________________- 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
The Court of Appeals for the Federal Circuit in DC was created in ______ to _____________________________.
1982
hear patent appeals in order to promote uniformity in patent law.
Patent applications must be field with ___________________________.
United States Patent and Trademark Office.
USPTO
United States Patent and Trademark Office
Invention that is filed with USPTO must be __________, ________, and ______________.
novel, useful, and nonobvious
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.
If the patent app is granted, the invention is assigned a _______________-.
patent number.
Patent holders usually affix the word _____ or ___ and ____________ to the patented article.
Patent or Pat.
the patent number
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 _______ years), starting when the application was filed.
20
14
GATT
General Agreement on Tarriffs
WTO
World Trade Organization
The General Agreement on Tariffs and Trade established the World Trade Organization in
1994
GATT brought the ______________________ in harmony with the majority of other developed nations.
U.S. patent system
The US still follows the __________________ rule rather than the ______________________ rule followed by some other countries.
first to invent
first to file
__________________ own exclusive rights to use and exploit their patent.
Patent holders
_____________________ occurs when someone makes unauthorized use of another’s patent.
Patent infringement
_______________________________ says that a patent may not be granted if the invention was used by the public for more than one year prior to filing.
The Public Use Doctrine
The Public Use Doctrine says that a patent may not be granted if the invention was used by the public for more than __________ prior to filing.
one year
A ________________ is the exclusive right to reproduce, publish, and sell, literary, musical, or artistic work.
coyright
__________________________– established the requirements for obtaining a copyright and protects copyrighted works from infringement.
The Copy Right Revision Act
since ______, there has been no requirement to place a (c) or copyright on a work of copyrighted after _______________. It’s still recommended, though, to defeat a defendant’s claim of_____________________.
1989
March 1, 1989
innocent infringement
Only __________ are subject to copyright registration and protection.
tangible writings
tangible writings
writings that can be physically seen
The term writing has been broadly defined to include books, periodicals, newspapers, lectures, sermons, addresses, musical composistions, plays, movies, radio and television productions, maps, works of art, paintings, drawings, sculptrue, jewelry, glassware, tapestry, lithographys, architectural drawings and models, photographsy, prints, slides, filmstrips, greeting cards, postcards, films, cartoons, sound recordings.
true
To be protected under federal copyright law, the work must be
the original work of the author.
_________________ and ____________________ works may be copyrighted and registered with the ______________________________.
Published and unpublished
U.S. Copyright Office
Registration is _______________________________ and can be done at any time during the term of the copyright.
permissive and voluntary
______________________itself does not create the copyright.
Registration
The term of the copyright now is the ____________________________.
life of the author plus 70 years
If a corporation owns the copyright, it is good for _____________________ or ___________________, whichever is shorter.
95 years from the date of publication or
120 years from the date of creation
_____________________________-occurs when a party copies a substantial and material part of the plaintiff’s copyrighted work without permission.
Copyright infringement
Copyright infringement occurs when a party copies a _______________________________________- part of the plaintiff’s copyrighted work without permission.
substantial and material part
The copying doesn’t have to be word-for-word and it doesn’t have to be the whole thing to be copyright infringement.
true
Fair Use Doctrine
the law permits limited unauthorized use of copyrighted materials under the Fair Use Doctrine.
The law permits limited unauthorized use of copyrighted materials under the
Fair Use Doctrine
examples of Fair Use Doctrine usage
- 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 a work (usually less than 10 percent) to illustrate a lesson
- incidental reproduction of a broadcase of an event being reported
- reproduction of a legistlative or judicial work
A 1980 law amended the _____________________ to include computer programs in the list of tanglible items protected by copyright law.
the Copyright Act of 1976
______________________-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
Digital Millennium Copyright Act
to combat how easy it is to illegally copy copyrighted works on the internet, software companies developed wrappers and encryption to protect against copyright infringement. Those protection devices were cracked and Congress enacted DMCA in response.
DMCA
Digital Millennium Copyright Act
To combat how easy it is to illegally copy copyrighted works on the internet, software companies developed _______ and ______ to protect against copyright infringement. Those protection devices were cracked and COngress enacted _________________ in response.
wrapper and encryption devices
Digital Millennium Copyright Act
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
1 million dollar fine and 10 years in prison
________________________ 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
A _______________- is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
trademark
Xerox Coca-Cola and IBM are all trademarks.
true
_________ is the collective name for trademarks, service marks, and collective marks that can be trademarked.
Marks
Trademarks are registered with the _________________.
United States Patent and Trademark Office
Trademark original registration is valid for _______ and renewed for an unlimited number of _______ periods.
10 year
10 year
Registrant is entitled to use the registered trademark symbol (R). TM or SM have no legal signifigance.
true
A ________ is used to distinguish the services of the holder from those of its competitiors.
service mark
Examples of service marks
United Airlines
Marriott Hotels
Weight Watchers
A ____________– is used to verify that goods and services are of a certain quality or originate from specific geographical areas.
certification mark
Certification Mark examples
Napa Valley of California
Florida Oranges
The owner of a certification mark ususally 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 like “Boy Scouts of America”
collective makr
What cannot be a mark?
flag or coat of arms of the US any state, or foreign nation
marks that are immoral or scandalous
geographical names standing alone (SOUTH)
surnames standing alone (but ok with a picture or a fanciful name like “Smith Brothers’ Cough Drops)
Any mark that resembles a mark already registered with the USPTO
Sometimes, the public may begin to treat a mark as a common name to describe the type of product or service being sold instead of as a trademark or trade name of an individual seller or company. Once that happens the term loses its protection under the federal trademark law because it has become _________________ rather than _________________-.
descriptive rather than distinctive
