Intellectual property, ch 5

Nature of intellectual property

Intellectual property consists of intangible creations that have legal value. Types are copyrights, patents, trademarks, and trade secrets.

Copyrights

Protect original expressions fixed in a tangible medium. Copyright protects the expression of an idea, not the underlying idea itself.

What is protected under copyright?

Books, music, movies, artwork, and software.

When do works receive copyright protection?

Automatically when placed into tangible form

How long do copyright protections last?

Life of author + 70 years. Corporate works receive extra protection, often exceeding 90 years.

What are some examples of copyright and protections?

Mickey Mouse, Sonny Bono Extension Act.

Copyright infringement

To establish infringement, a plaintiff must prove: original works exists, ownership of copyright, and unauthorized copying occured.

Digital Millennium Copyright Act (DMCA)

Introduced online copyright protections.

What is a takedown notice under the DMCA?

Allows copyright owners to request removal of infringing online content.

Patents

Patents protect inventions. Different types are utility and design trademarks.

Utility patents

Protects processes, machines, manufacturers, and compositions of matter.

Design patents

Protect ornamental appearance rather than function.

What are the requirements for patents?

An invention must generally be novel, useful, and nonobvious.

Trademarks

Protect words, names, symbols, slogans, logos, and brand identifiers. (ex: Nike swoosh, McDonalds golden arches)

Distinctiveness

Marks are strongest when they are unique. Generic terms generally cannot be trademarked.

Protection of trademarks

Trademark owners can stop unauthorized use to likely to cause consumer confusion.

Infringement of trademarks

Occurs when use of a similar mark creates a likelihood of confusion among consumers.

Trade Secrets

Confidential business information providing economic value. (ex: Coca Cola formula, customer lists, manufacturing processes)

How long do Trade Secrets last?

As long as secrecy is maintained

Licensing

A property owner grants another party permission to use protected intellectual property in exchange for compensation.