Module 6: Intellectual Property Flashcards
What is intellectual property?
Intellectual property is a term used to describe works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct and owned or created by a single person or group.
What forms of law relate to the ownership of intellectual property?
Copyrights, patents, trademarks, and trade secrets form a complex body of law relating to the ownership of intellectual property, which represents a large and valuable asset to most companies.
What is a copyright, and what rights does it grant?
A copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies; to prepare derivative works based on the work; and to grant these exclusive rights to others.
What constitutes copyright infringement?
Copyright infringement is a violation of the rights secured by the owner of a copyright and occurs when someone copies a substantial and material part of another’s copyrighted work without permission.
How does the fair use doctrine help determine the legality of using copyrighted material?
The fair use doctrine established four factors for courts to consider: the purpose and character of the use, the nature of the copyrighted work, the portion of the copyrighted work used, and the effect of the use on the value of the copyrighted work.
What protections does the PRO-IP Act of 2008 provide?
The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008 increased trademark and copyright enforcement and substantially increased penalties for infringement.
What role does the World Trade Organization (WTO) play in protecting intellectual property?
The WTO enforces compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to help producers of goods and services, exporters, and importers conduct their business.
What is the purpose of the World Intellectual Property Organization (WIPO)?
WIPO is an agency of the United Nations dedicated to stimulating innovation and creativity through the use of intellectual property.
What are the key provisions of the Digital Millennium Copyright Act (DMCA)?
The DMCA makes it illegal to circumvent a technical protection or develop tools to access a protected work and limits the liability of ISPs for copyright infringement by their subscribers or customers.
What is a patent, and what protections does it offer?
A patent is a grant of property right issued by the U.S. Patent and Trademark Office (USPTO) that allows its owner to exclude the public from making, using, or selling a protected invention and permits legal action against violators.
What are the three statutory classes of items that can be patented?
For an invention to be eligible for a patent, it must be useful, novel, and not obvious to a person having ordinary skill in the same field.
What is the difference between a utility patent and a design patent?
A utility patent is issued for the invention of a new and useful process, machine, manufacture, or composition of matter. A design patent is issued for a new, original, and ornamental design applied to an article of manufacture.
What changes did the Leahy-Smith America Invents Act bring to the U.S. patent system?
The act changed the system from “first-to-invent” to “first-inventor-to-file” and expanded the definition of prior art, making it more difficult to obtain a patent.
What qualifies information as a trade secret?
To qualify as a trade secret, information must have economic value, must not be readily ascertainable, and the owner must have taken steps to maintain its secrecy.
What laws protect trade secrets?
Trade secrets are protected by the Uniform Trade Secrets Act, the Economic Espionage Act, and the Defend Trade Secrets Act.
