Chapter 6

Trademark

is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others,

Intellectual Property

Is a term used to describe works of the mind - such as art , books , films , formulas , inventions , music , and processes that are distinct and owned or created by a single person or group.

Utility Patent

covers the creation of a new or improved — and useful — product, process or machine.

Leahy-Smith America invents Act

Changed the U.S. patent system so that the first person to file with the U.S. Patent and Trademark Office will receive the patent, not necessarily the person who actually invented the item first.

Economic espionage Act (EEA) of 1996

This law established, for the first time in the United States, a single, comprehensive framework that allows law enforcement agencies to prosecute the misappropriation of trade secrets.

NonCompete agreement

covenant not to compete, is a clause under which one party agrees not to enter into or start a similar profession or trade in competition against another party.

Reverse engineering

called back engineering, is the process by which a man-made object is deconstructed to reveal its designs, architecture, or to extract knowledge from the object; similar to scientific research, the only difference being that scientific research is about a natural phenomenon.

Uniform Trade Secret Act (UTSA)

defines trade secrets and describes claims related to trade secrets.

Defend Trade Secrets Act of 2016

is a United States federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. The act was signed into law by President Barack Obama on May 11, 2016.

Prioritizing Resources and organization for intellectual property (PRO-IP) Act of 2008

is a United States law that increases both civil and criminal penalties for trademark, patent and copyright infringement.

Design patent

is a form of legal protection granted to the ornamental design of a functional item.

copyright infringement

is a violation of the rights secured by the owner of a copyright.

Plagiarism

is an act of fraud. It involves both stealing someone else's work and lying about it afterward.

Patent

is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

Agreement on Trade-Related Aspects of intellectual property Rights (TRIPS)

is an international legal agreement between all the member nations of the World Trade Organization. make it mandatory that each government has to give minimum levels of protection to the intellectual property of its fellow WTO members. Thus the main objective of WTO TRIPs agreement is to promote effective and adequate protection of IPRs.

Prior art

is any evidence that your invention is already known. does not need to exist physically or be commercially available. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention.

Cybersquatter

is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.

Patent Infringement

is the commission of a prohibited act with respect to a patented invention without permission from the patent holder.

Copyright

is the exclusive right to distribute , display , perform , or reproduce an original works based on the work.

Nondisclosure clauses

legally binding contract that requires parties to keep confidentiality for a defined period of time. It's up to the parties to decide what would be considered confidential and what is not.

Open source code

source code is released under a license in which the copyright holder grants users the rights to study, change, and distribute the software to anyone and for any purpose.

Industrial espionage

spying directed toward discovering the secrets of a rival manufacturer or other industrial company.

Fair use doctrine

was developed over the years as courts worked to maintain that balance. It allows portions of copyright material to be used without permission under certain circumstances.