ACCT 215 Exam 2 Ch. 6
patent requirements
novel, useful, non obvious
contributory copyright
party has actual knowledge of the activity that constitutes direct infringement and induced, causes, or materially contributes to the infringing conduct
treble damages
party willfully infringed the patent, they will pay three times the actual monetary damages and attorney fees
defense of laches
patent infringement defense, patent owner waited too long to bring the infringement (6 years)
first-sale doctrine
patent owner must relinquish all rights in an individual article after an authorized sale
plant patent
covers newly invented strains of asexually reproducing plants
design patent
covers the non-functional aspect of look and feel
utility patent
covers the way something functions or specific arrangement of parts
idea-expression dichotomy
if the idea and expression are inseparable, copyright protection is not available
contributory patent infringement
a party provides a component that has a specific use as part of another article that is covered by a patent, even if the part alone doesn't infringe any patents
trade dress
aesthetic of a product or its packaging if it serves as a source identifier
trademark dilution
allows the owner of the mark to prevent third parties from using the mark on completely unrelated products where there is no likelihood of confusion
Association for Molecular Pathology v. Myriad Genetics
case: cannot patent naturally occurring DNA, but you can patent synthetically created DNA
Star Athletica v. Varsity Brands
case: designed similar cheerleading outfits, 2-D designs are worthy of copyright, but can produce similar shape, cut, and dimension
Dalmatia Import Group v. Foodmatch
case:stole recipes for fruit spreads, trademark infringement and trade secret misappropriation, trebled damages
AIA
changed the patent system in the US to first inventor-to-file instead of first-to-invent
fair use defense
copyright: nature of use, nature of the copyrighted work, amount that was copyrighted in comparison to entire work, effect of the use on the economic value of the work
vicarious infringement
defendant has the right and ability to control the infringer's conduct and receives a direct financial benefit from the infringement (doesn't require knowledge)
innocent infringement
defense to copyright infringement, had no notice of a copyright
patent claim
defines the scope of invention, and therefore the scope of the patent owner's right to exclude others from using their invention
service mark
distinguishing characteristics of a service
induced infringement (patent)
encouraging, aiding, or causing another to infringe the patent (inducer must know)
prior art
existing information and concepts that are relevant to the technology in the patent application
USPTO
has authority to grant patents and trademarks in the US
direct infringement (patent)
infringement without permission, but does have knowledge that the patent exists
indirect infringement (patent)
infringer has knowledge of the patent and that the accused infringer intended that its product infringe the patent
copyright
intellectual property right designed to protect artistic works and broadly extends to any tangible medium of expression
Agreement on Trade Related Aspects of Intellectual Property (TRIPS)
international intellectual property protection
berne convention
international treaty for copyright protection
trade secrets
knowledge not know to the public or reasonably ascertainable that provides some economic advantage to the owner and that the owner treats as a secret
patent
legal protection for inventions
fanciful
made up
patent infringement
making, using, selling, offering for sale, or importing into the US the invention as defined by the claims of the patent
trade name
name a business used when engaging in commerce but is not by itself a type of tademark
trademark
name, logo, tagline, symbol, or other distinguishing characteristics of a product
arbitrary
no relation to the goods and services
intellectual property
products of the human creative spirit such as inventions, creative works, trademarks, and service marks, trade secrets, and other know-how
Madrid Protocol
provides mark owners with an international system for registering their marks in multiple countries
suggestive
provides some suggestion as to a quality of characteristic of the goods or services
negative right
right to exclude someone from doing something
active inducement
someone who distributes a device with the intent to induce infringement is liable
certification mark
use d to certify a good or service, Good Housekeeping Seal of Approval
trademark infringement
use of another's mark or mark similar enough to cause confusion as the true source of the good or service
collective marks
used by a group of individuals such as a union or an association to certify a quality or characteristic of a product or service that is used by someone other than the owner but with the owner's permission