Intellectual Property

अब Quizwiz के साथ अपने होमवर्क और परीक्षाओं को एस करें!

Things that can be Copyrighted

-"Original works of authorship"; need the element of creativity, even if slight -Only the expression is protected

Requirements for Trademark

-Distinctive -Used in commerce -Used in interstate commerce, for federal law protection

Trade secret

-Information not generally known or readily ascertainable; -Developed through some investment by the owner/plaintiff; -That provides a firm with competitive advantage; -Owner/plaintiff takes reasonable steps to keep it secret; and -Defendant discovers the secret through improper means.

what trademark is protected by

-State common law -State statutes -Federal statute (Lanham Act)

what trade secret is protected by

-State statutes (46 states) -State common law -Economic Espionage Act of 1996 (criminal penalties)

copyright rights

-Use -Copy -Distribute -Display and perform the work publicly -Transmit digitally -Create derivative works -Prohibit above actions

fair use

-affirmative defense against copyright infringement -A portion of a copyrighted work may be used without permission "for purposes such as criticism, comment, news reporting, teaching , scholarship or research."

trademark

A name, word, phrase, logo, symbol, design, image, and maybe color, smell and sound that identifies a particular business as the source of the goods or services and distinguishes them from the products of another.

Fair Use Doctrine

Allows uses of copyrighted material that contribute to the creation of new work (I.e. a quote from copyrighted material), Fair uses do not require the permission of the copyright holder.

Copyright

An automatic guarantee to the owner that their work is protected.

Intellectual Property

Copyrighted Material

An invention, a story, a computer program/game.

Examples of Intellectual Property

T/F You should register your trade secret

False

You must pay for a copyright.

False

what copyright is protected by

Federal copyright statutory law Federal courts have exclusive jurisdiction - states can't make copyright laws, and you can't bring a copyright (or patent) case in state court

Plagiarism

Taking someone else's work or ideas and passing it off as your own.

Just Do It is an example of what?

Trademark

T/F 6. Anything you create is copyrighted the moment it is written, recorded, or copied.

True

Piracy

When music, movies, and software is copied and burned illegally.

unfair competition

a collection of common law precedents and statutes that protect against unfair business practices.

Copyright

a songs' lyrics are an example of what type of intellectual proprety?

copyright infringement

an infringement that occurs when a party copies a substantial and material part of a plaintiff's copyrighted work without permission, a copyright holder may recover damages and other remedies against the infringer

trade secret

any formula, device, or compilation of information that is used in one's business and is of such a nature that it provides an advantage over competitors who do not have the information.

distinctive

being unique and fabricated

copyright

exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work.

intellectual property

intangible property that is the result of creativity (such as patents or trademarks or copyrights)

nondisclosure agreement

is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.

secondary meaning

is a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source-identifying function of a mark

Coke formula

is an example of a trade secret.

Patent

lasts 20 years from the date of filing of the application

Copyright

lasts 70 years after death.

copyright law

laws designed to protect intellectual property rights and to provide monetary rewards for inventiveness and hard work

design patent

legal protection granted for a new, original and ornamental design.

utility patent

legal protection granted for inventions

patent patent

legal protection granted to the first person who creates a new variety of plant.

patent

legal right for a limited term to exclude others from using something you invented.

paraphrasing

legitimate way to borrow from a copyrighted document.

service mark

mark that identifies a service.

types of intellectual property

patents, trade secrets, copyrights, trademarks

reverse engineering

taking apart and examining a rival's product or re-creating a secret recipe

cybersquatters

term for those who register and set up domain names on the Internet for resale to the famous users of the names in question.

author

the person that creates a copyrightable work.

right to publicity

the right to control the use name, likeness or persona of an individual.

patent infringement

unauthorized use of another's patent, a patent holder may recover damages and other remedies against a patent infringer

USPTO

where would you file your patent application?


संबंधित स्टडी सेट्स

Oceanography 1 - seawater composition

View Set

Nombres, Expresiones de Cortesía y Expresiones de Placer de Conocer

View Set

Lower Limb Muscles (Anterior Leg) - Dorsiflexion of foot, extension of toes

View Set

Recon: Conceptual Framework: General Purpose FS - For Profit

View Set

Lower Extremity Questions (Select) Chapter 7 Lower Extremity

View Set

Week 5/Test 2 - Critical Thinking & Nursing Process

View Set

HESI Case Study; Older Adult with Stroke

View Set