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LEGL 2700 > LEGL 2700 Chapter 11 > Flashcards

LEGL 2700 Chapter 11 Flashcards

1
Q

What does article 1, section 8, clause 8 of the Constitution establish?

A

gives congress the power to let authors and inverts the exclusive right to their respective writings and discoveries

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2
Q

what are trade secrets?

A

any form of knowledge or information that has economic value from not being known to others or ascertainable by proper means. the owner has to make reasonable efforts to maintain secrecy

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3
Q

what type of law are trade secrets protected by?

A

common law

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4
Q

how do you win a trade secrets case?

A

establish that a trade secret exists and demonstrate misappropriation

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5
Q

How do you establish the existence of a trade secret?

A

the info must be secret and the business must take reasonable measures to keep it a secret

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6
Q

what are examples to establishing the trade secret?

A

lock written material
secure computer-stored knowledge
regulate visitors
ask employees, customers, and business partners to sign a non disclosure agreements
impose confidentiality restrictions

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7
Q

how to demonstrate misappropriation?

A

misappropriation occurs when one improperly acquires or discloses secret info

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8
Q

what are examples of misappropriation?

A

burglary, espionage, computer hacking, breach of duty

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9
Q

what are remedies for civil misappropriation?

A

injunction and monetary damages

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10
Q

what are the remedies for criminal misappropriation via 18 USC 1832 (theft of trade secrets) ?

A

up to 10 years in prison and up to 5 million in fees

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11
Q

what are patents?

A

in associate with an inventive act, and conveys a right to exclude others from making, selling, or importing the covered invention

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12
Q

where are patent laws found?

A

under title 75 of the US Code

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13
Q

what are the steps to applying to the US Patent and Trademark Office?

A

pay filing fee
explain invention
show difference from prior art
descrive patentable aspects
file application

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14
Q

what is patentable subject matter?

A

process, machine, article of manufacture or composition of matter (or improvement thereto)

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15
Q

what certain categories of subject matter cannot be patented?

A
  1. laws of nature
  2. physical phenomena
  3. abstract idea
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16
Q

what are characteristics of patents?

A

novelty, nonobvious, and utility

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17
Q

what does novelty mean?

A

something that is new and different from prior art

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18
Q

what does nonobvious mean?

A

ability of an invention to produce surprising or unexpected results

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19
Q

what is utility?

A

must do something useful, new, nonobvious, useful processes, machines, compositions of matter or improvements thereof

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20
Q

what are the types of patents?

A

utility, design, plant

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21
Q

how long is the term for a utility patent?

A

20 years from filing date

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22
Q

what is a design patent?

A

new, original and ornamental design for an article of manufacture

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23
Q

how long is the term for a design patent?

A

15 years from issue date

24
Q

what is a plant patent?

A

new variety of plant that can be reproduced asexually

25
Q

how long is a plant patent term?

A

20 years from filing date

26
Q

how are patents enforced?

A

patent owner can sue infringer for induction and/or damages and validity of patent can be challenged during litigation

27
Q

what is Alice Corp. v CLS Bank?

A

plaintiffs filed lawsuit against Alice Corp. claiming that its patents for a system to settle financial transaction were invalid

28
Q

What was the holding on Alice Corp. v CLS bank?

A

no

29
Q

what is the Alice 2 step test?

A

determine whether the invention covers inenligible concept. if not, consider whether it add something sufficiently inventive to transform the claims into something more than the concept itself

30
Q

what are trademarks?

A

marks on what is produced to represent the origin of goods and services, protects consumers against confusion

31
Q

what act covers trademarks?

A

Lanham Act of 1946

32
Q

what is an example of a trademark?

A

nike swoosh

33
Q

what is a service mark?

A

a mark associate with a service

34
Q

what is an example of a service mark?

A

LinkedIn logo

35
Q

what is a certification mark?

A

a mark used by someone other than the owner to certify the quality of a good or service

36
Q

what is an example of a collective mark?

A

NFL Logo

37
Q

what is a collective mark?

A

mark represents membership in a collective organization

38
Q

what is a trade dress?

A

the look of design of a product or service

39
Q

what is an example of a trade dress?

A

design of a coke bottle

40
Q

how is a civil trademark enforced?

A

trademark infringement claim

41
Q

how is criminal trademark enforced?

A

manufacturing and trafficking counterfeit products in a crime

42
Q

what can the defendant argue against a trademark?

A

the mark is not distinctive
there is a little chance of the public being confused
the use if a fair use

43
Q

what is the federal trademark dilution act?

A

prohibits the usage of a mark same as or similar to another’s trademark to dilute its significance reputation and goodwill

44
Q

what is blurring?

A

when usage of a mark blurs distinctiveness of a famous mark

45
Q

what is tarnishment?

A

when usage of a mark creates a negative impression about the famous company

46
Q

what is a copyright?

A

property right in creative expression that protects creators
work must be original

47
Q

how must a copyright be fixed?

A

in tangible medium of expression

48
Q

when does copyright protection attach to written work?

A

as soon as it is put into that tangible medium of expression

49
Q

how is civil copyright enforced?

A

copyright infringement

50
Q

how does an author establish civil copyright infringement?

A

register with the copyright office AND establish that defendant violated his or her exclusive rights of: reproduction, creation of derivative works, distribution, performance, and display

51
Q

what is piracy?

A

large-scale copyright infringement

52
Q

how long does individual copyright protection last?

A

lasts for your lifetime plus 70 years

53
Q

how long does company copyright protection last?

A

the longer of 120 years from creation or 95 years from publication

54
Q

what are the fair use defenses?

A

criticism
news reporting
scholarship
comment
teaching
research

55
Q

what is MGM Studios v Grokster (2005)?

A

One who distributes a device with the object of promoting its use to infringe copyright is liable for the resulting acts of infringement by the 3rd parties

LEGL 2700 (18 decks)

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