Chapter 8 Intellectual Property Rights

Vocabulary flashcards created from Chapter 8 lecture notes on Intellectual Property Rights.

Intellectual Property

Any property resulting from intellectual, creative processes, the product of one or more individual’s minds. Article 1 sec 8

Is a license grant only the rights express described in the license agreement

True

Patent

A government grants that gives an avenger the exclusive right or privileged to make use or sell their invention for a limited time period

Utility patents

Granted to anyone who invented or discovers any new and useful process process machines, articles of manufacturer or composition of matter or any new new and useful improvements there

Design patents

may be granted to anyone who invented new original ornamental design For an article of manufacture

Trademark

A distinctive mark, motto, device, or implement that a manufacturer affixes to the goods it produces to identify them on the market.

Once a trademark is established under the common law or through registration the owner is entitled to its exclusive use

True

Lanham Act of 1946

Incorporates the common law of trademarks and provides remedies for owners of trademarks who wish to enforce their claims in federal court.

Trademark Dilution

A doctrine under which distinctive or famous trademarks are protected from unauthorized uses regardless of competition or likelihood of confusion.

Trademark dilution revision act TDRA

The plaintiff owns a famous mark that is distinctive, and the defendant has begun using a marking commerce that allegedly is deluding.

The famous mark the similarity between the defendants mark and the famous mark gives rise to an association between the mark. The association is likely to impair the distinctiveness of the famous mark or harm its reputation.

Trademark registration

Trademarks may be registered with the state or with the federal government to file an application with the US patent and trademark office in Washington DC registration gives notice on a nationwide basis that the trademark belongs exclusively to the registration

Secondary meaning

Descriptive terms, geographic, terms and personal names are not inherited distinctive and do not receive protections under the law until they Acquire a secondary meaning Such as London fog

Generic terms

Terms that refer to an entire class of products receive no protections, even if they acquire secondary meanings such as bicycle, aspirin, and computer

Trademark Infringement

Occurs when a trademark is copied to a substantial degree or used in its entirety by another, without permission.

Under current law, a mark can be registered

If it is currently in commerce

If the applicant intends to put it into commerce within six months

Distinctiveness of the Mark

A trademark must be sufficiently distinctive to enable consumers to identify the manufacturer and distinguish between competing goods.

Trade Dress

The image and overall appearance of a product, subject to the same protection as trademarks.

Counterfeit Goods

Goods that copy or imitate trademarked products but are not the genuine trademarked goods.

The stop counterfeiting in manufacturer goods act SCMGA

Makes it a crime to traffic or attempt to traffic, intentionally en counterfeit goods or services. Knowingly use a counterfeit mark on or in connection with goods or services

License

A contract permitting the use of a trademark copyright pattern or trade secret for certain purposes

licensor

Party that owns the intellectual property, rights and issues the license

Licensee

The party of chaining the license

Penalties for counterfeiting

up to $2 million or imprisoned up to 10 years must forfeit counterfeit products must forfeit any property use in the commission of the crime must pay reinstitution to trademark holders or victims in amount Equal to the victims actual losses

Copyright

The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time.

Patent

A government grant that gives an inventor the exclusive right to make, use, or sell their invention for a limited time period.

Fair Use Exception

Allows limited use of copyrighted material without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research.

Fanciful trademarks

Use invented words Such as Google Xerox

Arbitrary trademarks

Use common words in an uncommon way that is not descriptive of the product such as Dutch boy for paint

Suggestive trademarks

Indicate some thing about a product, nature, quality, or characteristics without describing the product directly such as Blu-ray DVD

Service mark

Mark used in the sale or the advertising serve of services such as to distinguish the services of one person from the services of another such as an example would be Tony to the tiger

Certification mark

Mark used by one or more persons other than the owner to serve, certify the region, materials mode of manufacture, quality, or accuracy of the owners goods or services. UL = tested underwriters labs tested the product

Collective mark

And Mark is my members of a cooperative association or other organizations to certify the region, materials mode, manufacture, quality, or accuracy of the specific Goods or products

Trade Secret

Information or a process that gives a business an advantage over competitors who do not have the information.

The Berne Convention

An international agreement ensuring that copyright is recognized by member countries.

TRIPS Agreement

Establishes standards for the international protection of intellectual property rights among World Trade Organization members.

Anti-Counterfeiting Trade Agreement

A treaty aimed at increasing cooperation between countries in combating counterfeiting.

Trade name

A term that is used to indicate part or all of a businesses name and that is directly related to the businesses, reputation and goodwill.

Can a trade name be protected under trademark law if the name is the same as the firms trademark

True

What can a trademark owner recover after proving infringement?

actual damages, profits that the infringer wrongfully received from the unauthorized use of the mark, and attorneys’ fees.

What is the most commonly granted remedy for trademark infringement?

an injunction to prevent further infringement.

What factors influence whether a secondary meaning becomes attached to a name?

Whether a secondary meaning becomes attached to a name usually depends on how extensively the product is advertised, the market for the product, and the number of sales.

What are the protections for trade names under trademark law?

may be protected under trademark law if the name is the same as the firm’s trademark. cannot be registered with the federal government unless it is also used as a trademark or service mark. are protected under common law, but only if they are unusual or fancifully used.

Who can receive a plant patent?

may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

What are the requirements for patentability?

For a product, process, or design to be patentable, it must be novel, useful, and not obvious in light of current technology.

What is not patentable?

laws of nature, natural phenomena, and abstract ideas (including algorithms).

What is the American Invents Act of 2011?

The act stipulates that the first person to file an application for a patent will receive patent protection, starting from the filing date, not the issuance date.

What occurs after the patent period ends?

the product or process enters the public domain, allowing anyone to make, sell, or use the invention without paying the patent holder.

What constitutes patent infringement?

the use or selling of another’s patented design, product, or process without the patent owner’s permission.

Can patent infringement occur if the patent owner has not put the product into commerce?

Yes, patent infringement may occur even if the patent owner has not commercially exploited the patented product.

Does the infringement require all features of a product to be copied?

No, patent infringement may occur even if not all features or parts of a product are copied.

What is the duration of a Utility Patent?

20 years

What is the duration of a Design Patent?

15 years (prior to May 12, 2015, 14 years).

What is the duration of a Plant Patent?

20 years

What remedies are available for patent infringement?

If a patent is infringed, the patent holder may sue for relief in federal court which can include seeking an injunction against the infringer, requesting damages for royalties and lost profits, and seeking reimbursement for attorneys' fees and costs.

What happens if the court determines that the patent infringement was willful?

If the court determines that the infringement was willful, the court can triple the amount of damages awarded (treble damages).

What governs copyrights in the United States?

The Copyright Act of 1976 governs copyrights.

How long are works created after January 1, 1978 automatically protected by copyright?

Works created after January 1, 1978, are automatically given statutory copyright protection for the life of the author plus 70 years.

What is the duration of copyright for works owned by publishing houses?

The copyright expires 95 years from the date of publication or 120 years from the date of creation, whichever comes first.

What is the duration of copyright for works created by more than one author?

The copyright expires 70 years after the death of the last surviving author.

What happens when copyright protection ends?

works enter into the public domain.

Is it required to register copyrights with the U.S. Copyright Office?

Copyrights can be registered with the U.S. Copyright Office, but registration is not required.

Do copyright owners need to use the copyright symbol © on their works for protection?

A copyright owner no longer needs to place the symbol © or the term 'Copyright' on the work to have the work protected against infringement.

What rights do copyright owners generally have?

are protected against reproduction of the work, development of derivative works, distribution of the work, and public display of the work.

What must a work be to be protected under copyright law?

To be protected, a work must be 'fixed in a durable medium' from which it can be perceived, reproduced, or communicated.

What types of original works are protected by Section 102 of the Copyright Act?

Section 102 explicitly protects original works such as: Literary works, Musical works and accompanying words, Dramatic works and accompanying music, Pantomimes and choreographic works, Pictorial, graphical, and sculptural works, Motion pictures and other audiovisual works, Sound recordings, and Architectural works.

What are the exclusions under Section 102 for copyright protection?

Anything that is not an original expression will not qualify for copyright protection. This includes widely known facts and ideas, which cannot be copyrighted. However, the particular way in which an idea is expressed is copyrightable.

What is a compilation in terms of copyright?

A compilation is a work formed by the collection and assembling of preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.

Are compilations of facts copyrightable?

Yes, compilations of facts are copyrightable.