Ch 18
Service Mark
FTDA defines "dilution by blurring" as an association arising from the similarity between a mark or trade name (junior mark) and a famous mark (senior mark)
Lanham Act
The Lanham Act prohibits three forms of unfair competition related to trademark infringement: (1) false advertising, (2) passing off (counterfeiting), and (3) false designation of place of origin.
Paris Convention
The Paris Convention, first adopted in 1883, is the major international agreement providing basic rights for protecting patents, designs, and trademarks.
Watch List
The U.S. Trade Representative (USTR) maintains an intellectual property rights "watch list" under Section 301 of the U.S. Trade Act of 1988.
Universal Copyright Convention
Universal Copyright Convention countries that do not also adhere to the Berne Convention often require compliance with certain formalities to maintain copyright protection
Business Software Alliance (BSA)
is a trade group established in 1988 that represents a number of the world's largest software makers and is a member of the International Intellectual Property Alliance
Secondary meaning
is the principle that marks that are merely descriptive or generic may still obtain trademark protection if the producer so effectively markets its products with the mark, which consumers come to associate the mark with only that producer.
Term of Protection
life of patent protection - The minimum term of protection for photographic work or a work of applied art is no less than 50 years from its authorized publication or, failing such authorized publication, within 50 years from the making of the work.
Senior Mark
FTDA defines "dilution by blurring" as an association arising from the similarity between a mark or trade name (junior mark) and a famous mark (senior mark)
Stockholm Act of 1967
Stockholm Act of 1967 and Paris Act of 1971 allowed less developed countries to impose compulsory licenses for works out of print or for the translation of works not available in the language of the country.
Federal Trademark Dilution Act (FTDA)
defines dilution as "the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of competition between the owner of the famous mark and other parties, or likelihood of confusion.
Patent Law of the People's Republic of China
describes novelty as an invention that has previously not been published or publicly used
Indigenous Rights
"traditional knowledge" (agriculture and medicinal plants) and "traditional cultural expressions" (handicrafts, dances, songs and stories), and that these creations should be under the control of the communities who generate them.
Patent Law
. Patent law protects inventions that are "novel, useful, and non-obvious."
Treaty on Intellectual Property in Respect of Integrated Circuits U.S. Trade Representative (USTR) Uniform
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Compulsory License
A compulsory license grants patent or trademark rights to third parties without the consent of the patent or trademark owner. Compulsory licenses cannot be issued any sooner than four years from the date of the grant of the patent. A compulsory license is not to be issued if the patentee gives legitimate reasons for its failure to work the patent or trademark. In addition, the parties granted licenses must pay reasonable royalty fees to the patent or trademark owner. U.S. patent law does not authorize the granting of such licenses.
Trade Secret
A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace.
Trademark Law
A set of laws that protects a company's brand identification in an effort to avoid confusion in the marketplace. These laws ensure that when a consumer sees a logo or label on a product, the consumer knows who makes that product.
Copyright Act of 1976
Copyright Act of 1976 gives the copyright owner the exclusive right to reproduce the work in copies; to prepare derivative works; to distribute copies by sale, rental, lease, or lending; and to perform or display the work publicly.
Tangible Form
Copyright is a form of protection provided to authors of "original works of authorship" fixed in a tangible form of expression.
Copyright Law
Copyright law protects works of original authorship from unauthorized duplication, modification, or distribution. Mere creation of the work results in copyright protection.
Generic Marks
Generic marks are not entitled to protection under the Lanham Act.
Work for Hire
In addition, a work for hire clause should be inserted into any employment or independent contractor agreement in which the employee or independent contractor is being paid to develop new technology or to perform research and development.
European Patent Office (EPO)
In order to acquire the Single European Patent, an application needs to be submitted to the EPO in Munich.
Single European Patent
In order to acquire the Single European Patent, an application needs to be submitted to the EPO in Munich.
EU Trademark
In the area of trademarks, a person or company may obtain a single EU Trademark; however, national trademarks continue to coexist with the EU trademark.
Collective Works
In the case of contributions to collective works, the contributor of the work retains a copyright for his part, but the creator or producer of the collective work obtains a copyright to the collective work.
Reciprocal License
Often the government will grant a reciprocal license to the prior patent holder to be able to use the new invention.
Paris Act of 1971
Paris Act of 1971 allowed less developed countries to impose compulsory licenses for works out of print or for the translation of works not available in the language of the country.
Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT) addresses procedural requirements that aim at simplifying the filing of, searching for, and publication of international patent applications
Registration
Registration of a copyright with the Copyright Office in Washington, D.C. is not a condition for protection
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) grants the licensor or intellectual property owner the rights to prevent imports of licensed goods into its domestic market. These additional rights should be clearly delineated in the agreement.
Council for Trade-Related Aspects of Intellectual
The Council, along with the WIPO, should be used as a resource for those interested in intellectual property protection.
Eurasian Patent Office (EAPO)
The EAPO issues a regional patent for Russia and eight other countries that were previously part of the Soviet Union
Economic Espionage Act of 1996 (EEA)
The EEA makes it a crime to steal not only government secrets but also business trade secrets. One issue recently explored is how to prove a violation of the EEA without first showing that there was a trade secret to be stolen.
World Intellectual Property Organization (WIPO)
The World Intellectual Property Organization (WIPO) is the official depository of most international intellectual property conventions. WIPO grew out of the 1883 Paris Convention on patents and trademarks and the 1886 Berne Convention on copyrights
Trade Dress
The appearance (design or display) of the franchise location may be protected by a separate trademark (trade dress) or be composed of a variety of trademarks, service marks, and copyrights.
Fair Use Doctrine
The fair use doctrine allows others to use small portions of a copyrighted work in the creation of another work.
First Sale Doctrine
The first sale doctrine terminates the copyright owner's protections over a copy of the copyrighted work once the work is legally sold.
Junior Mark
The junior mark or user is the party accused of trademark infringement or dilution.
National Treatment
The national treatment principle prohibits the discrimination between imported goods and domestically produced goods. Article III of GATT provides that imported goods cannot be subjected to direct or indirect taxes or charges in excess to those charged on domestic products.
Attributive System
The system that allocates rights based upon the first to register principle is referred to as an attributive system. all rights stem from the registration of the trademark or patent
Trademark Dilution
The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation.
Patentee
These shortcomings mean that the licensor-patentee of technology and intellectual property rights (IPR) must negotiate added protections in international licensing agreements.
Anti-Bootlegging Statute
Third, the 1994 Anti-Bootlegging Statute20 criminalizes the unauthorized recording, transmission to the public, and the sale or distribution of or traffic in unauthorized recordings of live musical performances
Tarnishment
Trademark dilution is defined as dilution by tarnishment or dilution by blurring.3 The FTDA defines "dilution by blurring" as an association arising from the similarity between a mark or trade name (junior mark) and a famous mark (senior mark) that impairs the distinctiveness of the famous mark.
Innocent Infringement
Under the innocent infringement defense, the infringer is absolved of liability if she can prove that she did not know the work was protected.
Meta-tags
Words inserted into a Web site's key-words field to increase the site's appearance in search engine results.
First to Register Principle
all rights stem from the registration of the trademark or patent
Brazilian Industrial Property Law
allows the trademark office to "reject an application for registration of marks that wholly or partially reproduce or imitate a well-known mark."
International Patent Searching Authorities (ISA)
enlist the services of International Patent Searching Authorities (ISA) when filing foreign patent applications. A number of national patent offices, including Russia, the U.S., and Japan, as well as the EPO, recognize patent search certificates produced by this private company, which confirms that there are no existing patents equivalent to the one on the patent application
Brussels Act of 1948
extended copyright protection to movie films.
Sound Recording Act of 1971
extended copyright protection to sound recordings. This means that persons who make unauthorized reproductions of records or tapes can be prosecuted or face civil liability for copyright infringement.
Right of Priority
gives the holder 12 months for patents (six months for trademarks) to file from the date of the first application filed in a Paris Convention country.
Gray Market
gray market problem refers to imports bearing a genuine trademark but imported by a party other than the trademark holder or authorized importer
Berne Convention for the Protection of Literary and Artistic Works Blurring
patent protection for artistic works
Berlin Act of 1908
recognized for the first time that photographic works were to be given copyright protection. rights included the right to authorize the adaptation of an original work and the right over subsequent public performances of recordings of the work
Rome Act of 1928
recognized the moral rights of authors and the author's broadcast rights in his works
Public Domain
refers to information, images, and creative works that have become part of public information and are freely useable
Trade Secrets Act
restricts disclosure of trade secrets and provides for civil and criminal penalties for violations. does not need to be requested, company can just declare such status by adhering to certain practices.
Russian Trademark Law
states that "legal protection of a trademark within the Russian Federation shall be granted upon its registration with the State."
Property Doctrine of Equivalents
there need not be an exact copying of an invention to prove a case of patent infringement. The doctrine of equivalents also applies to trademarks
Patent Agent
use a patent agent to obtain a Russian patent, along with any necessary copyrights and trademarks;
