Key Requirements Flashcards
1
Q
Three Elements of Copyright
A
Originality
Work of authorship
Fixation
(WOF)
2
Q
Requirements for Infringement of Copyright
A
Hold valid copyright in work
Copy was an improper appropriation
D has to be the one that copies the work
3
Q
Five Elements of Patents
A
Patentability Novelty Utility Non-obviousness Enablement (PENNU)
4
Q
Three Elements of Trademark
A
Distinctiveness
Non-functionality
First use in trade
(DNF)
5
Q
Elements of Adverse Possession
A
OCEAANS Actual (physical, not constructive) Exclusive (keeping others out) Open (you aren't hiding/sneaking in) Notorious (gives notice/is noticeable) Statutory (20 years) Continuous (like a normal person would use) Adverse (hostile)