Chapter 8: Intellectual Property Rights Flashcards

What is Intellectual Property?

Any property resulting from intellectual, creative processes (e.g., patents, copyrights, trademarks).

What is a Trademark?

A distinctive mark, motto, or device used to distinguish a product from those of other manufacturers.

What is the purpose of the Lanham Act?

Federal statute that provides for the national registration and protection of trademarks.

What is Trademark Dilution?

The unauthorized use of a famous mark that diminishes its distinctiveness, even if there is no consumer confusion.

What is Trade Dress?

The image and overall appearance of a product or service (e.g., distinctive packaging or décor).

What is a Patent?

A grant from the government giving an inventor the exclusive right to make, use, or sell an invention for a limited time.

What is required for an invention to be patentable?

It must be genuine, novel, useful, and not obvious in light of current technology.

What is Patent Infringement?

Making, using, or selling another's patented invention without permission.

What is a Copyright?

An intangible property right granted to the author or originator of a literary or artistic production.

What does copyright protection typically prevent?

The reproduction, creation of derivative works, distribution, and public display of the work without permission.

What is the "Fair Use" Exception?

A doctrine that allows limited use of copyrighted material without permission for purposes like criticism, teaching, or research.

What is a Trade Secret?

Commercially valuable information (e.g., formulas, customer lists, methods) that a company keeps secret.

What is the Berne Convention?

An international agreement that requires member countries to recognize the copyrights of authors from other signatory nations.

What was the purpose of the TRIPS Agreement?

To establish international standards for the protection and enforcement of intellectual property rights.

What does the Madrid Protocol do?

It allows a company to register its trademark in multiple countries with a single application.