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EIP midterm > midterm review > Flashcards

midterm review Flashcards

1
Q

IRAC:

A

Issue, rule of law, analyze, conclusions

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2
Q

I/P

A

product of the mind. rights of individuals

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3
Q

Berne convention-

A

1st global treaty born

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4
Q

apple v samsung

A
  1. claim by apple re Samsung infringement of a design patents and copyright. based only on part of device infringed not on entire product
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5
Q

Time line:

A

1710- statue of Anne
1790- 1st us cr act (14+14)
1909- 2nd us cr act (28+28)
1976- 3rd us cr act (LOA+50)
1988- us joins Berne
1998- us bono cr extension act (LOA+90)

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6
Q

Donaldson v Becket

A

term is finite +
once exhausted= public domain

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7
Q

two types of law

A

common law v civil law

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8
Q

Patent Law

A

USPTO

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9
Q

3 types of patents

A

utility, plant, design

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10
Q

applications

A

provisional and non provisional

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11
Q

American Invents Act

A

9/9/11. Europe and Japan first to file

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12
Q

Trademark

A

both STATE and COMMON LAW

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13
Q

copyright and patent

A

FEDERAL STATUTES

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14
Q

can you copyright a title?

A

NO

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15
Q

can you trademark a title

A

NO

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16
Q

application process:

A

tess + prof search comp
international classifications
trademark examiners
officials gazette

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17
Q

prove trademark (4 steps)

A
  1. intent to use
  2. actual use
  3. statement of cont use (6th yr)
  4. renewal (10th yr)
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18
Q

State IP laws

A
  • common law trademark and state statutes
    common law cr pre 1976 works
  • trade secrets
  • unfair competition
  • misappropriation
  • right of publicity
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19
Q

US CR act 1909

A

state laws only

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20
Q

US CR act 1976

A

upon creation

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21
Q

right of publicty

A

no federal legislation. ONE IS NEEDED

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22
Q

2008 steinback case

A

film version of books by steinboks daughter

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23
Q

trade mark intended as protection for consumer of goods/ services?? T or F

A

True

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24
Q

what is copyrightable?

A

original work of authorship, fixed in a tangible medium

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25
Q

Stern v Kaufman

A

ROM memory devise is tangible component even tho you cannot see information inside of it

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26
Q

FIxation

A

any physical rendering of fruits of authors creativity

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27
Q

simultaneous broadcast issue

A

solution to lack of fixation risk of no copyright protection

28
Q

White smith music pub v Apollo

A

printed recodrs in intelligible notion legible to the eye. player pianos

29
Q

are sound recordings, computer programs, and motion pictures copyrightable?

A

YES

30
Q

Authorship

A

he whom anything owed it origin

31
Q

Originality

A

independently created and owes origin to author
demonstrates minimal amount of creative authorship

32
Q

Atari v Oman

A

ORIGINALITY TEST

33
Q

derivative workd

A

lawful use required. USCA select 103 a. PICKET V PRINCE

34
Q

Bill Grahm V Darling Kindersley

A

DW test. FAIR USE

35
Q

functional works

A

carry out specific tests or achieve certain result

36
Q

Nichols V Universal Pictures

A

expressive details adequately delineated characters

37
Q

Warner bros V CBS

A

constitutes story rather than vehicle for the story. restrictive and rarely met

38
Q

1909 act

A

a work of authorship enjoyed perpetual protection until it was published.
Upon publication: became subject to federal copyright protection
duration of protection: limited to 28 + 28 year renewal for total of 56 years

39
Q

1976 Act

A

Federal copyright protection begins when a work is fixed into a tangible medium of expression. Role of “publication” diminished

40
Q

1978-1989 Act

A

for works publicly distributed on January 1, 1978- march first, 1989. Notice requirement still in place. Right to cure provision. Major impediment US joining Berne

41
Q

Effective Date US Berne Entry?

A

March 1st, 1989

42
Q

Berne Convention?

A

international treaties as international law. WIPO.

43
Q

how does ownership vest?

A

as a work made for hire or joint authorship

44
Q

How is ownership transferred?

A
  • divisibility
  • license draft language
  • writing requirement
  • recordation
45
Q

Which act clarifies ownership better, 1978 or 1909? what’s the catch?

A

1979 but must be used in conjunction with judicial precedent. court rulings determine ownership.

46
Q

Work for hire copyright duration?

A

publication + 95 or creation + 120. which ever ends sooner

47
Q

Does issue of intent rule with work for hire?

A

NO. whether a work qualifies as a work for hire is based on several objective factors rather than the intent of the employees.

48
Q

What do both authors have to do in order for something to be a joint work?

A

Both have to have contributed something independently copyrightable

49
Q

is authorship the same as a contribution?

A

NO

50
Q

Is the contributor an author of the joint work?

A

a person claiming to be an author of a joint work must prove that both parties intended each other to be a. joint work

51
Q

authors are deemed—–

A

Tenants in common

52
Q

US constitution. article 1 Clause 8

A

congress shall have the power to promote the progress of science and useful arts, by securing for limited time to authors and inventors, the exclusive right to their respective writings and discoveries.

53
Q

1978 Donaldson v. Becket

A

Landmark case which resulted from stationers assertion that statute of Anne notwithstading- they held their previously acquired copyright in perpetuity . The term copyright is FINITE + once exhausted.

54
Q

1886-

A

Berne convention. 1st global treaty born

55
Q

1988

A

Us implementation t Berne

56
Q

1998-

A

US bono copyright extension act. LOA + 70 yrs

57
Q

is there judicial precedent In civil law?

A

NO

58
Q

Provisional application for patent

A

1 year filed confidentiality. convert to NP or lose

59
Q

Non provisional application for patent

A

specifications + claims+ oath by inventor + filing fee

60
Q

American events act?

A
  1. first to file
61
Q

is trademark law state or common law and what federal statute?

A

Both state and common law and Lanham Act

62
Q

Anti Dilution statute?

A

passed in 1996. famous marks. coca cola

63
Q

Trade secrets example

A

Coca Cola

64
Q

title 17 USC, title 35 USC, and title 15 USC are all what

A

federal statutes

65
Q

components of section 102 (a)

A

copyright protection exists, in accordance with this title in - original, -works of authorship,- fixed in any tangible medium of expression,-now known or later developed, from which they can be perceived

66
Q

On what basis does the government allow you to make a copy of copyright something?

A

courtesy

67
Q
A

EIP midterm (1 decks)

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