Key Requirements Flashcards

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1
Q

Three Elements of Copyright

A

Originality
Work of authorship
Fixation
(WOF)

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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

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3
Q

Five Elements of Patents

A
Patentability
Novelty
Utility
Non-obviousness
Enablement
(PENNU)
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4
Q

Three Elements of Trademark

A

Distinctiveness
Non-functionality
First use in trade
(DNF)

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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)
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