CRM - 2.D.3 - Intellectual Property

Patent

- a privilege, property, or authority granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. - designed to encourage inventions that are useful to society - exclusive right to make, use, or sell an invention that is novel, useful, and not obvious

How do businesses keep trade secrets secret?

- by taking special precaution such as technological and legal security measures - Legal protections include non-disclosure agreements (NDA) and non-compete clauses - in exchange for an opportunity to be employed by the holder of secrets, an employee may sign an agreement not to reveal his or her prospective employer's proprietary information - an employee may also surrender or assign to his employer the right to his own intellectual work produced during the course (or as a condition) of employment

Provide examples of patentable items.

- computer software/hardware - chemical formulas and processes - genetically engineered bacteria, plants and animals - drugs - medical devices - furniture design - jewelry - fabrics and fabric design - musical instruments

What are common types of intellectual property?

- copyrights - trademarks - patents - industrial design rights - trade dress - and in some jurisdictions trade secrets

Copyright

- form of protection provided by the laws of the United States to the creators of "original works" that grants exclusive right to reproduce, publish, sell or distribute - includes literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, and television or sound broadcasts - does not protect any idea, procedure, process, system, method of operation, concept, principle, or discovery in such works; it only protects their tangible manifestation - copyright can be transferred or inherited, hence the owner of a work's copyright may not be the work's creator - after a copyright expires, the creative work enters the public domain and may be used freely

Trade Secret

- information which has economic value to a business because it is not generally known or easily discoverable by observation and for which efforts have been made to maintain secrecy - a company is expected to take reasonable precautions to help secure the information's secrecy - most states have adopted some form of the Uniform Trade Secrets Act, which defines and protects trade secrets

Trade Name

- name an owner uses to identify his/her business - not registered at the state or federal level, but are registered with local government primarily in the county in which a business operates

Intellectual Property

- property from original thought protected by law - original creative work manifested in a tangible form than can be legally protected, e.g., by a patent, trademark, or copyright

RIM Manager's responsibility with respect to intellectual property is:

- seek legal counsel with regard to the security/preservation of intellectual property - involve HR when dealing with employee policies and laws governing confidentiality - Know Copyright Act, 1976, Intellectual Property Protection and Court Amendments of 2004 provides copyright protection for many forms of print and media works

What is the difference between a Service Mark and a Trade Mark?

- service mark is the same as a trade mark, except that it identifies and distinguishes the source of a service rather than a product - Ex. Google may brand certain products with a trademark but may use a service mark on the Internet Search Service that it provides

Trademark

- word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others - must be distinctive rather than descriptive, affixed to products in the marketplace, and registered with the U.S. Patent and Trademark Office

Plant Patents

Are granted for the invention and asexual reproduction of new and distinct plant varieties, including hybrids. Asexual reproduction means plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings

US ___________ laws protect creators of literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances and television or sound broadcasts.

Copyright

___________ includes literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, and television or sound broadcasts. Is considered intellectual property and can be applied to brand names, logos, service marks and emblems.

Copyright

___________ is a form of protection provided by the laws of the United States to the creators of "original works".

Copyright

T/F A name a owner uses to identify his/her business is a trade secret.

FALSE. A name a owner uses to identify his/her business is a trade name.

T/F Copyright is limited to items created in the United States.

FALSE. Copyright laws and protection is international in scope.

T/F Trademarks are the same as trade names.

FALSE. Trade name is a name an owner uses to identify his/her business. They are not registered a the state of federal level but are registered on a local level.

___________ ___________ is a provision of the Copyright Act that allows the use of copyrighted work in certain circumstances without getting permission.

Fair Use

___________ ___________ describes something which a person or corporation can have ownership of and can transfer ownership to another person or corporation, but has no physical substance, for example brand identity or knowledge/intellectual property.

Intangible Property / Incorporeal Property

___________ ___________ is defined as property from original thought protected by law; original creative work manifested in a tangible form than can be legally protected, e.g., by a patent, trademark, or copyright.

Intellectual property

___________ ___________ is a system that identifies intellectual property rights relevant to particular works that can provide individuals with access to those works on the basis of permissions to the individuals. Ex. Creative Commons.

Rights Management

___________ are issued through the web, based on a secure channel and based on information provided by the applicant.

Patents

___________ ___________ governs the various forms of ownership in real property (land) and personal property, where property refers to legally protected claims to resources, such as land and personal property, including intellectual property.

Property Law

___________ identifies and distinguishes the source of a service rather than a product.

Servicemark

T/F A non-disclosure agreement (NDA) is a legal protection for protecting trade secrets.

TRUE

T/F A patent will not be granted for an invention with no legal purpose or for an unsafe drug.

TRUE

T/F A trade name is a name an owner uses to identify his/her business.

TRUE

T/F An invention is nonobvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.

TRUE

T/F Creative work from original thought protected by law, such as a patent, trademark, or copyright ,is defined as intellectual property.

TRUE

T/F Intellectual property is often used as a legal term to safeguard the rights of creators and inventors.

TRUE

T/F Inventions qualify for a patent if they are both "novel and "nonobvious".

TRUE

T/F Owners of trade secrets seek to protect trade secret information from competitors by instituting special procedures for handling it.

TRUE

T/F Patents are a right granted to an inventor by the federal government that permits others from making, selling or using the invention for a period of time.

TRUE

What can be penalty for disclosing trade secrets?

The penalty for disclosing trade secrets is a violation of non-disclosure agreements and generally carries the possibility of heavy financial penalties.

The owner of a ___________ has the right to reproduce work

Trademark

___________ is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

Trademark

___________ and ___________ patents last for 20 years from application date while ___________ patents last for 14 years.

Utility, plant, design

The legal interests of the author of a book are protected by: a) copyright laws b) patents and trademarks c) spoliation laws d) standards and practices laws e) criminal sanctions observed worldwide

a) copyright laws

Which type of patents are granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object. a) design b) plant c) utility

a) design

Patentable things include: a) drugs, medical devices, and furniture design b) some of the above c) none of the above.

a) drugs, medical devices, and furniture design

A patent controls the rights to: a) manufacture a product b) copy a publication c) duplicate data on a DVD d) create a new process e) record video conferences

a) manufacture a product

Proprietary file formats for electronic records are also referred to as ___________ formats. a) native b) encrypted c) secure d) classified e) audit

a) native

Which option below is not a type of patent? a) partnership patent b) utility patent c) plant patent

a) partnership patent

___________ information comprises intangible information assets including copyrights patents software programs source code and algorithms. a) Private b) Proprietary c) Confidential d) Personal e) Economic

b) Proprietary

___________ can be applied to brand names, logos, service marks and emblems. a) Patents b) Trademarks c) Trade rights d) Copyright e) Trade secret protection

b) Trademarks

The Copyright Act generally gives the owner of the copyright exclusive rights to: a) reproduce work that someone else has copyrighted. b) prepare other works based upon the original work (derivative works) c) distribute copies of someone else's work by sale or other transfer.

b) prepare other works based upon the original work (derivative works)

Copyright covers arrangement of words, creative works of expression, and: a) brand names b) logos c) intellectual property d) service marks e) emblems

c) intellectual property

The owner of a(n) ___________ has the right to: - reproduce work - prepare other works based upon the work ("derivative works") - distribute copies of the work by sale or other transfer of ownership, or by lease - perform the work publicly - display the copyrighted work publicly - owner also can authorize others to do all of the above

copyright

The rights of ___________, such as computer software, are covered under copyright law. a) PII b) code c) records d) intellectual property e) continuity

d) intellectual property

A(n) ___________ patent protects the unique appearance or overall design of manufactured objects.

design

The right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time is a ___________.

patent

A(n) ___________ ___________ is information which has economic value to a business because it is not generally known or easily discoverable by observation and for which efforts have been made to maintain secrecy.

trade secret

A(n) ___________ patent is the most common type of patent, granted to new machines, chemicals or processes.

utility