Intellectual Property Rights (Chapter 8) Flashcards
Any creation of the mind that is expressed in a fixed medium
Intellectual Property
A distinctive mark that a manufacturer affixes to the goods it produces so that they can be identified on the market
Trademark
Statutory protection of trademarks
Lanham Act of 1946
Protect distinctive trademarks from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse
Dilution Laws
- Can be registered with US Patent and Trademark Office
- Provides nationwide protection for mark that is in use or will be within 6 months
- 6 month period can be extended to 3 years, registration renewable between 5th and 6th year
Trademark Registration
When a trademark has been used without authorization
Infringement of a trademark
A trademark used to distinguish services
Service Mark
Overall appearance and image of product
Trade Dress
Trademark applied to a business’s name
Trade name
cyberspace trademarks
Cyber Marks
the act of registering a domain name that is the same as or similar too the trademark of another then offering to sell to original trademark owner
Cyber-Squatting
- Established standards for international protection of intellectual property rights
- Includes patents, trademarks, and copyrights
TRIPS Agreement
If a u.s. citizen writes a book, every country that has signed the convention must recognize the u.s. author’s copyright in the book
Berne Convention
- Information of commercial use
- Ideas and expressions
- No registration required
- Marketing methods, production techniques
Trade Secret
- The purpose (commercial v. education non profit usage)
- The nature of the work
- The amount of the portion used compared to the whole work
- The effect of the use upon the potential market for value of the copyrighted work
Fair Use Doctrine
A court decree ordering a person to do or refrain from doing a certain act or activity
Injunction
- It is not possible to copyright an idea
- No idea, procedure, process, system, method, concept, principle, or discovery
- What is copyrightable is the particular way in which an idea is expressed
Copyright Exclusion
May occur even though not all features or parts of a product are copied
Patent Infringement
Valid only if it is tied to a particular machine or apparatus or transforms a particular article into a different state
Patents for Business Processes
- An intangible property right granted by fed, to the author or originator of a literary or artistic production of a specified type
- Automatically given for the life of the author plus 70 years
Copyright
- A license issued to an inventor granting the exclusive right to manufacture, use, or sell their invention for a limited period of time
- No one can make it besides inventor for 20 years after filing
- Patents for designs 14 years.
- First person to file get it
Patent
- Giving others permission
- Agreement that permits use of trademark, copyright
- Owner is licensor, user is licensee
- Terms of use are delineated in the license agreement
Licensing of Trademarks
Registering a web domain name that is a misspelling of a popular brand
Typo-Squatting
Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire it
May arise when customers begin to associate a specific term or phrase (such as London Fog) with specific trademarked items (coats with “London Fog” labels) made by a particular company
Secondary Meaning
Terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings.
A trademark, however, can acquire generic use. (for example, aspirin and thermos)
Generic terms
Patent ofr Inventions
20 Years
Patent for designs
14 years
How is something Patentable?
The applicant must prove that the invention, discovery, process, or design is
1. Novel
2. Useful
3. Not obvious (in light of current technology)
What is the SCGMA
Stop Counterfeiting in Manufactured Goods Act was enacted to combat counterfeit goods. The act makes it a crime to traffic intentionally in or attempt to traffic in counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services
What is a Trade Dress?
Refers to the image and overall appearance of a product. Trade dress is a broad concept and can include either all or part of the total image or overall impression created by a product or its packaging.
