ACCT 215 Exam 2 Ch. 6

patent requirements

novel, useful, non obvious

contributory copyright

party has actual knowledge of the activity that constitutes direct infringement and induced, causes, or materially contributes to the infringing conduct

treble damages

party willfully infringed the patent, they will pay three times the actual monetary damages and attorney fees

defense of laches

patent infringement defense, patent owner waited too long to bring the infringement (6 years)

first-sale doctrine

patent owner must relinquish all rights in an individual article after an authorized sale

plant patent

covers newly invented strains of asexually reproducing plants

design patent

covers the non-functional aspect of look and feel

utility patent

covers the way something functions or specific arrangement of parts

idea-expression dichotomy

if the idea and expression are inseparable, copyright protection is not available

contributory patent infringement

a party provides a component that has a specific use as part of another article that is covered by a patent, even if the part alone doesn't infringe any patents

trade dress

aesthetic of a product or its packaging if it serves as a source identifier

trademark dilution

allows the owner of the mark to prevent third parties from using the mark on completely unrelated products where there is no likelihood of confusion

Association for Molecular Pathology v. Myriad Genetics

case: cannot patent naturally occurring DNA, but you can patent synthetically created DNA

Star Athletica v. Varsity Brands

case: designed similar cheerleading outfits, 2-D designs are worthy of copyright, but can produce similar shape, cut, and dimension

Dalmatia Import Group v. Foodmatch

case:stole recipes for fruit spreads, trademark infringement and trade secret misappropriation, trebled damages

AIA

changed the patent system in the US to first inventor-to-file instead of first-to-invent

fair use defense

copyright: nature of use, nature of the copyrighted work, amount that was copyrighted in comparison to entire work, effect of the use on the economic value of the work

vicarious infringement

defendant has the right and ability to control the infringer's conduct and receives a direct financial benefit from the infringement (doesn't require knowledge)

innocent infringement

defense to copyright infringement, had no notice of a copyright

patent claim

defines the scope of invention, and therefore the scope of the patent owner's right to exclude others from using their invention

service mark

distinguishing characteristics of a service

induced infringement (patent)

encouraging, aiding, or causing another to infringe the patent (inducer must know)

prior art

existing information and concepts that are relevant to the technology in the patent application

USPTO

has authority to grant patents and trademarks in the US

direct infringement (patent)

infringement without permission, but does have knowledge that the patent exists

indirect infringement (patent)

infringer has knowledge of the patent and that the accused infringer intended that its product infringe the patent

copyright

intellectual property right designed to protect artistic works and broadly extends to any tangible medium of expression

Agreement on Trade Related Aspects of Intellectual Property (TRIPS)

international intellectual property protection

berne convention

international treaty for copyright protection

trade secrets

knowledge not know to the public or reasonably ascertainable that provides some economic advantage to the owner and that the owner treats as a secret

patent

legal protection for inventions

fanciful

made up

patent infringement

making, using, selling, offering for sale, or importing into the US the invention as defined by the claims of the patent

trade name

name a business used when engaging in commerce but is not by itself a type of tademark

trademark

name, logo, tagline, symbol, or other distinguishing characteristics of a product

arbitrary

no relation to the goods and services

intellectual property

products of the human creative spirit such as inventions, creative works, trademarks, and service marks, trade secrets, and other know-how

Madrid Protocol

provides mark owners with an international system for registering their marks in multiple countries

suggestive

provides some suggestion as to a quality of characteristic of the goods or services

negative right

right to exclude someone from doing something

active inducement

someone who distributes a device with the intent to induce infringement is liable

certification mark

use d to certify a good or service, Good Housekeeping Seal of Approval

trademark infringement

use of another's mark or mark similar enough to cause confusion as the true source of the good or service

collective marks

used by a group of individuals such as a union or an association to certify a quality or characteristic of a product or service that is used by someone other than the owner but with the owner's permission