BLW 302: Unit 3 Chapter 8
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38 Terms
Creations of the mind such as inventions and works
Intellectual property
Name or symbol identifying a product
Trademark
Federal law protecting trademarks
Lanham Act
Weakening of a famous trademark
Trademark dilution
Use of similar mark causing confusion
Trademark infringement
Made-up word used as trademark
Fanciful mark
Common word used in unrelated way
Arbitrary mark
Hints at product qualities
Suggestive mark
Describes product; needs secondary meaning
Descriptive mark
Common product name; not protected
Generic term
Product's overall appearance
Trade dress
Mark used for services
Service mark
Indicates quality or origin
Certification mark
Used by members of a group
Collective mark
Business name
Trade name
Fake versions of real products
Counterfeit goods
Permission to use intellectual property
Licensing
Exclusive rights to an invention
Patent
Covers how something works (20 years)
Utility patent
Covers appearance (15 years)
Design patent
Covers new plant types
Plant patent
New, useful, not obvious
Patent requirements
Unauthorized use of a patent
Patent infringement
Protection for creative works
Copyright
Life of author plus 70 years
Copyright duration
Books, music, art, films, software
Protected works
Ideas and facts are not protected
Unprotected ideas
Limited use for education, news, research
Fair use
Owner can resell purchased item
First sale doctrine
Confidential business information
Trade secret
Must be kept secret and valuable
Trade secret protection
State law model that protects trade secrets from misuse
Uniform Trade Secrets Act
Federal law protecting trade secrets
Economic Espionage Act
International copyright protection
Berne Convention
Global standards for IP protection
TRIPS Agreement
International trademark registration
Madrid Protocol
Agreement to combat counterfeiting
Anti-Counterfeiting Trade Agreement (ACTA)
International agreement protecting patents and trademarks among member countries
Paris Convention