Intellectual Property Law Flashcards
3 types of intellectual property
Copyright (federal power)
patents(federal power)
Trademarks(federal and state power)
Listed in article one section 8 of the constitution
To have copyright…
Original works preserved in a tangible medium of expression
Copyright begins
upon creation
must have reasonable access to be litigated
Copyright duration
the life of the creator plus 70 years
What is protected under copyright?
Protects the mode and manner of expression, not the ideas expressed
Derivative works
work based on one or more original works; protected as to its original elements so long as the original work was used with copyright holder’s permission
Infringement
breach of an agreement
Access to work
reasonable opportunity to have access to original work (intent not required)
Substantial similarity
elements of work must be substantially similar
Patent protects
“useful arts”, meaning useful novel creations of materials or designs; non-obvious
Patent purpose
incentive useful designs/creations
patent rights
exclusive right to create, sell, use, license and import the pateneted material or design
Patenet duration
20 years (to incentivize innovation/progress)
Infringement(patent)
all instances are infringement regardless of innocence or intention
Trademark protections
elements that serve to identify the product of a good or service that have a bona fide intention to be used in commerce
