Chapter 22 Intellectual Property and Cyber Piracy What
Chapter 22 Intellectual Property and Cyber Piracy
What Is Intellectual Property? n Intellectual property includes objects such as inventions, writings, trademarks, etc. , which are often a business’s most valuable asset. 22 -2
Trade Secrets n n A formula, design, customer list, or other secret that sets a business apart from competitors Uniform Trade Secrets Act n n Owner of a secret must take reasonable precaution to protect it. Defendant must have acquired a trade secret through unlawful means. 22 -3
Protection for Intellectual Property Patents n Copyrights n Trademarks and other marks n 22 -4
Patenting an Invention n To be patented, the invention must be: n n n Novel Useful Nonobvious 22 -5
What Can Be Patented? n Patentable subject matter includes: n n n Machines Processes Improvements to existing machines, processes, or compositions of matter Designs for an article of manufacture Living material invented by a person 22 -6
One-Year “On Sale” Doctrine n n Public Use Doctrine 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. 22 -7
Patent Infringement n n Unauthorized use of another’s patent A patent holder may recover damages and other remedies against a patent infringer. 22 -8
Copyrights n n Protects tangible writings Examples of protected property include: n n n Books Newspapers Musical compositions Motion pictures Maps Photographs 22 -9
Copyright Infringement n Infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission. 22 -10
Fair Use Doctrine n n The Fair Use Doctrine permits certain limited use of copyrighted material without permission. Examples of fair use include: n n Quote for review Parody or satire Academic Brief quote in news report 22 -11
Digital Millennium Copyright Act n n Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology. Prohibits the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protection. 22 -12
Trademarks n Trademark law is intended to: n n n Types of marks n n n Protect the owner’s investment and goodwill in a mark Prevent consumers from being confused as to the origin of goods and services Trademark Service marks Certification marks Collective marks Federal Dilution Act 22 -13
Trademark Protection n To qualify for protection n The mark must be distinctive, or The mark must have acquired a secondary meaning. Trademark protection may be lost if a trademarked term becomes a generic name for similar products. 22 -14
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 22 -15
- Slides: 15