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Intellectual Property > +Intellectual Property: Chap. 1 > Flashcards

+Intellectual Property: Chap. 1 Flashcards

1
Q

Intellectual property generally comprises which four fields of law?

A
  1. Trademarks
  2. Copyrights
  3. Patents
  4. Trade Secrets
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2
Q

What is a Trademark?

A

It is a word, name, symbol, or device used to identify and distinguish one’s goods or services and to indicate their source.

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3
Q

Where does a registration of Trademark happen (which office)?

A

The U.S. Patent and Trademark Office (USPTO).

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4
Q

Is it required to register with the USPTO?

A

No.

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5
Q

Which types of things does the copyright protect?

A

original works of authorship: literaly, musical, dramatic, artistic, and other works.

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6
Q

When is a Trademark first protected?

A

The moment of their first public use.

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7
Q

When is a copyright exist?

A

From the moment of creation of a work in fixed form.

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8
Q

Who do you register your copyright through?

A

with the U.S. Copyright Office.

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9
Q

What is a patent?

A

It is a grant from the U.S. Government that permits its owner to exclude others from making, selling, using, or importing an invention.

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10
Q

Do patents only exist upon issuance by the USPTO?

A

Yes.

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11
Q

What is a trade secret?

A

Any valuable commercial information that, if known by a competitor, would provide some benefit or advantage to the competitor.

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12
Q

Is registration necessary to create a trade secret?

A

NO.

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13
Q

How long do trade secrets endure?

A

As long as reasonable efforts are made to protect their secrecy.

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14
Q

Which type of property does Intellectual Property refer to?

A

The fruits or product of human creativity, including literature, advertising slogans, songs, or new inventions. It is the property that is the result of thought, namely, intellectual activity.

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15
Q

Can intellectual property be bought, sold, or licensed?

A

Yes.

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16
Q

Can it be protected from theft or infringement?

A

Yes.

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17
Q

How does the public benefit through protection of intellectual property?

A

It generates further creativity by allowing the author of the work to reap a profit.

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18
Q

What does a Trademark indicate?

A
  1. The source.
  2. The quality.
  3. and the ownership of a product or service.
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19
Q

What is a service mark?

A

It identifies a service, such as Starbucks for restaurant services.

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20
Q

What else can a trademark consist of?

A
  1. Slogans.
  2. Designs.
  3. Sounds.
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21
Q

Are marks protectable that are generic in nature?

A

No.

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22
Q

What makes a good mark?

A
  1. coined.
  2. arbitrary.
  3. suggestive.
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23
Q

Which law governs interstate use of Trademarks?

A

Federal Law.

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24
Q

Which Act governs interstate Trademark use?

A

United States Trademark Act (Lanham Act)

15 U.S.C. SS 1051.

25
Q

If the mark is not used in interstate commerce, can it be registered with the USPTO?

A

No.

26
Q

What is one major advantage for registering with the USPTO?

A
  1. Allows the registrant to bring an action in federal court for infringement of the mark.
27
Q

How long does it generally take to register a trademark?

A

(In class: 6 months) Book: 12-24 months.

28
Q

How much is the filing fee?

A

$375 per mark per class of goods and services. They are entitled to a fee reduction fi they file electronically.

29
Q

How long is the Trademark valid for?

A

10 years.

30
Q

How many times can the mark be renewed?

A

As long as the mark is in use in interstate commerce. Additionally, registrants are required to file an affidavit with the USPTO between the fifth and sixth years after registration and every 10 years to verify the mark is in continued use.

31
Q

Which law governs copyrights?

A

Federal Law: 17 U.S.C. SS101

32
Q

Are jewelry and choreographic works protectable?

A

Yes.

33
Q

What is not protectable?

A
  1. Titles.
  2. Names.
  3. Short phrases.
  4. lists of ingredients.
  5. Ideas.
  6. Methods.
  7. Processes. (But the expression of those ideas is.)
34
Q

What does filing a copyright with the US Copyright Office afford?

A
  1. Establishing a public record of the copyright claim.
  2. Providing a legal basis upon which an infringement suit may be brought in federal court and in which statutory damages and attorney’s fees may be recovered.
35
Q

What does the owner of the copyright have?

A
  1. The right to reproduce the work.
  2. Prepare derivative works based on the original works.
  3. Distribute copies of the works.
  4. Perform the work.
  5. Display the work.
36
Q

What are some uses of ‘fair use’

A
  1. using an insignificant amount of the work for noncommercial purposes.
  2. parody.
37
Q

How much is the filing fee to register a copyright?

A

$45.

38
Q

How long does it take to process the copyright application with the US Copyright Office?

A

4-5 months.

39
Q

How long do copyright’s last?

A
  1. From the moment of their creation in fixed form enduring for the author’s life, plus 70 years after the author’s death.
40
Q

If the work is in the public domain who can reproduce, distribute, or perform the work?

A

Anyone.

41
Q

What is the underlying principle behind the length of the copyright protection?

A

It may take several years for a painting, book, or opera to achieve its true value, and thus, authors should receive a length of protection that will enable the work to appreciate to its greatest extent.

42
Q

What are the three types of patents?

A
  1. utility patents (useful inventions and discoveries)
  2. design patents (furniture design)
  3. plant patents (new and distinct asexually reproduced plant varieties).
43
Q

Can a pure scientific principle be patented?

A

NO.

44
Q

Are patents governed exclusively by Federal Law?

A

Yes. 35 U.S.C. SS 100.

45
Q

Which office registers patents?

A

The same as the trademark office: USPTO.

46
Q

How long does a patent last?

A
  1. 20 years.
  2. 14 years for design patents.

After that, it falls into public domain and may be used by any person without permission.

47
Q

What are some trade secrets?

A
  1. Recipes.
  2. Marketing plans.
  3. Financial protections.
  4. Methods of conducting business.
  5. List of customers. (Does not have to be unique or complex).
  6. Anything that affords its owner a competitive advantage and is not common knowledge.
48
Q

Is there a federal law relating to trade secrets?

A

No.

49
Q

Any formalities required to obtain rights to trade secrets?

A

No.

50
Q

How are trade secrets protectable?

A
  1. Various state statutes, cases, and by contractual agreements between parties. For example, confidentiality agreements.
51
Q

If properly protected, how long do trade secrets last?

A

Forever. Unless there are no established barriers to protect them. Such as:

  1. disclosing with only ‘need to know’ people.
  2. confidential information kept in secure areas.
  3. employees should sign nondisclosure agreements.
  4. noncompete agreements after leaving the job. Must be reasonable in time, scope, and subject matter.
52
Q

Which department is the USPTO fall under?

A

Department of Commerce.

53
Q

Is the U.S. Copyright Office part of the library of Congress?

A

Yes, since 1870.

54
Q

What is WIPO?

A

The World Intellectual Property Organization.

  1. Founded in 1883.
  2. Specialized agency of the United Nations.
  3. Purpose is to protect Intellectual property throughout the world.
  4. Headquartered in Geneva, Switzerland.
55
Q

What is the Berne Convention?

A

Created in 1886 by Victor Hugo to protect literary and artistic works. Each participating nation must treat other nationals like their own for purposes of copyright.

56
Q

What is the Madrid Protocol?

A

Allows trademark protection for more than 70 countries through a centralized trademark filing procedure. Just use a single standardized application form with the USPTO with a single set of fees.

57
Q

What is the Paris Convention?

A

(1883) An applicant has 6 months after filing an application in any of the more than 170 countries to file a corresponding application in any of the other member countries and obtain the benefits of the first filing date. Administered by the WIPO.

58
Q

What is NAFTA?

A

(1994) US, Canada, and New Mexico. changes to Trademark law with geographic terms.

59
Q

What is the GATT?

A

General Agreement on Tariffs and Trade. (1994) adhered to by most industrialized nations - the nonuse of trademark for three years creates a presumption the mark has been abandoned and that the duration of a utility patent is now 20 years from the filing date of the application (rather than the 17 years from the date the patent issued)

Intellectual Property (2 decks)

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