BUL3130 Test 3 Review

Chapters 7, 6,

2/1/2012 Dr. Goodrich Shereen Smith

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Chapter 7 Intellectual Property

Intellectual Property - Patents, copyrights, trademarks, ID marks, trade secrets, etc.

1. Copyrights
- All Federal A. What are they?

114

- Protects royalty (right to make $) rights to creative works e.g.: books, art, music, computer programs, etc. B. What is protected? -The ITEM, not the idea C. Duration of Copyrights 115

- Lifetime of the creator plus 70 years - eg: copyrighted in 2013, dies in 2014. When does the copyright end? Ans: 2014 + 70= 2084 - Public Domain - After copyright runs out, anyone can use it without paying the old copyright holder D. Berne Treaty 115

- In Berne, Switzerland - International copyright treaty - Makes copyright international (international protection) - No need to put the copyright symbol or word on the work. E. US Copyright Office 115

- a filing system only (the work is not filed, only the paperwork applying for the copyright) - Library of Congress has complete files for all copyrights F. Fair Use Doctrine 118

- For fair use, you can use a copyrighted piece of work without paying the artist - Used in limited amounts, for limited purposes

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- Can use in parodies or satire, partial quote in magazine or newspaper, etc.

2. Patents
A. What are they? - Protect the right to collect money from inventions and intellectual designs B. Duration of patents 111

- 20 years from the time of filing for inventions, and 14 years for design patents 1. First to invent rule: The first person to invent it gets the patent over someone else who has filed first (in US) 2. First to file rule: The person who files first has the patent rights (in foreign countries, not US) C. US Patent/ Trademarking Office - Has the actual item, not just a filing system - Need to show 3 things to get patent 1. Item is novel (new) 2. Item is useful 3. Item is not obvious D. Not internationally recognized E. Living Things Patent - e.g. bacteria that eats oil spills F. NAFTA- free trade agreement between US, Mexico, Canada, etc. 112

3. ID Marks
- Trademarks, Service marks, Certification marks, and Collective marks - Protected by federal law A. Trademarks - On products (goods) - Symbol, word, logo, device, etc. - eg: Nike swoosh, etc. B. Service Marks -TM on jobs or services - eg: UPS, FEDEX, etc.

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C. Certification Marks 120 - Used to certify the quality of a good or service, or that the product originates from a certain geographical area - Usually for non-profit organizations D. Collective Marks 120

- Used by organization whose members use it to identify themselves with a certain level of quality or accuracy, or geographical origin, etc. E. Duration - 10 years, and can be renewed for unlimited 10 year periods F. What cannot be registered? 1. Certain types of products, like the name refrigerator. You cant trademark that word, but you can use it in your name 2. Purely descriptive terms, like cold. 3. Names already in use 4. Names that result in product diminution (names that diminish the reputation of the original company) 5. Geographical names, like the name of the town the business is in. You cant stop someone else from using the town as part of their name G. Things you CAN register: 1. Fanciful names (made up and not in the dictionary) 2. Suggestive names (Penguin refrigerators to suggest coldness) 3. Slogans with secondary meanings

4. Trade Secrets
A. Definition

109

- Product formula, pattern, design, compilation of data, customer lists, or other business secrets. B. Can be lost - If someone tells the secret, it is no longer a secret C. Non-disclosure laws

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- Exist, even if they were not spelled out. People have the obligation not to tell the secrets D. Reverse Engineering 109

- Taking apart and examining a competitors product to discover the secret - Generally legal - Cant use the originators trademarked name, but you can use the revealed secrets

Chapter 7 Terms
1. Intellectual property rights 109

- Patents, copyrights, trademarks, and trade secrets. Federal and state laws protect intellectual property rights 2. Trade secret 109

- A product, formula, pattern, design, compilation of data, customer list, or other business secret 3. Federal patent statute 111

- A federal statute that establishes the requirements for obtaining a patent and protects patented inventions 4. One year on sale doctrine 112

- A patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application 5. American Inventors Protection Act113 - A federal statute that permits an inventor to file a provisional application with the US Patent and TM Office three months before filing of a final patent application, among other provisions 6. Patent infringement 113

- Unauthorized use of anothers Patent. A patent holder may recover damages and other remedies against a patent infringer 7. Copyright Revision Act 114

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- A federal statute that: (1) establishes requirements for obtaining a copyright and (2) protects copyrighted works from infringement 8. Copyright infringement 116

- An infringement that occurs when a party copies a substantial and material part of a plaintiffs copyrighted work w/o permission. The copyright holder may recover damages and other remedies 9. Fair use doctrine 118

- A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder 10. No Electronic Theft Act (NET) 119

- Federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000. in retail value 11. Digital Millennium Copyright Act (DMCA) 119

- Federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works 120

12. Lanham Act

- Amended federal statute that (1) establishes requirements for obtaining a federal mark and (2) protects marks from infringement 13. Mark 120

- The collective name for trademarks, service marks and collective marks that can be trademarked 14. Trademark 120 - A distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business 15. Service mark 120

- A mark that distinguishes the services of the holder from those of its competitors 16. Distinctive 121

- Being unique and fabricated 17. Secondary meaning 121

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- A brand name that has evolved from an ordinary term 18. Trademark infringement 121

- Unauthorized use of anothers mark. The holder may recover damages and other remedies from the infringer 19. Generic name 123

- The term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection 20. Federal Dilution Act 124

- Federal statute that protects famous marks from dilution, erosion, blurring or tarnishing

Chapter 7 Book Notes 1. Trade Secrets

- For a trade secret lawsuit to be filed, it has to be established that the secret must have been obtained through unlawful means - If the owner of the secret takes no precautions to secure the secret, the secret is no longer protected - If reverse engineering is done, the secret can be used, but the name cannot A. Economic Espionage Act -1996 - Makes it a federal crime to steal anothers trade secrets - Came about because people were using the computer to steal the secrets

2. Patent
- Applications filed in Washington DC at US Patent and TM Office (PTO) A. US Court of Appeals for the Federal Circuit - 1982 - Hears patent appeals from federal courts regarding patent issues B. Patent period

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- Patents for inventions: 20 years - Patents for design: 14 years - Patent term begins when the application is filed, not when it is issued - First to invent rule - US follows - The first person to invent the item is given patent protection over someone who just filed for the same item - Public domain - After the patent has run out, anyone can use it without paying the prior patent holder C. Application - If patent is granted, it is given a patent number - If patent is filed, but not issued yet, it is patent pending D. Patent requirements: Invention must be - Novel (new) - Useful (has some practical purpose) - Non-obvious