business law ch 8
IP protection methods: the copyright
Apply for registration; before infringement or within 3 months of publication: statutory damages; after infringement: actual damages and lost profits. Identify your copyright when using it © (although optional after Berne Convention, prevents infringement defense). Monitor for infringement
lanham act
May be able to obtain injunction or money damages; state or federal court (trademark)
copyright
a form of protection grounded in the U.S constitution and granted by law for original works for authorship fixed in a tangible medium of expression. covers both published and unpublished works
plant patent
any distinct or new variety of plant 20 years from filing date rarely used
protection method trademarks
apply for registration. renew every 5-10 yearsIdentify your trademark when using it: ®(registered) or ™ (if registration incomplete).
service mark
distinguishes the source of a service rather than goods
Intellectual property legal protections
include patents, copyrights, trademarks and trade secrets
trade secret
is a formula, practice, process, design, instrument, pattern or compilation of information which is not generally known or reasonably ascertainable. offers economic benefit to the holder. may last forever. efforts are made to maintain secrecy
trademark
is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
patent
is an IP right granted by the government to an inventor. Excludes others from making, using, offering for sale, or selling the invention in the U.S. or importing into the U.S. for a limited time, in exchange for public disclosure.
utility patent
new and useful machine, process, article of manufacture or composition of matter (or improvement) 20 years from filing date public disclosure
design patent
new, original and ornamental design for an article of manufacture 14 years from issuance protects the way an article looks
Intellectual property
refers to "creations of the mind such as inventions, literary and artistic works, designs and symbols, names and images used in commerce. provides a competitive edge considered a mark of innovation
minitor for infringement
whether the defendant's use creates the likelihood of confusion & weakens value of the mark. (trademark)