Chapter 7: Intellectual Property Rights

Learning outcomes

1. Why is the protection of trademarks important?
2. How does the law protect patents?
3. What laws protect authors’ rights in the works they create?
4. What are trade secrets, and what laws offer protection for this form of intellectual property?
5. How does the TRIPS agreement protect intellectual property worldwide?

intellectual property

property resulting from intellectual and creative processes

1. Why is the protection of trademarks important?

trademark = a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others.

trademark dilution

the unauthorized use of a distinctiveness or harm its reputation

service mark

a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another

certification mark

a mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

collective mark

a mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services

trade dress

the image and overall appearance of a product

trade name

a name that a business uses to identify itself and its brand. A trade name is directly related to a business’s reputation and goodwill, and is protected under trademark law

license

an agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes.

patent

a property right granted by the federal government that gives an inventor an exclusive right to make, use, and sell an invention for a limited time.

A patent is granted to inventions that are novel and not obvious in light of prior discoveries.

2. How does the law protect patents?

America Invents Act

The first person to file an application for a patent on a product or process will receive patent protection.

3. What laws protect authors’ rights in the works they create

copyright = the exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use the production for a statutory period of time.

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A creative work that is not copyrightable may be protected by other intellectual property law.

copyrights

intangible property right - protects the original expression of an idea

lasts the creators life +70 years

fixed and in a durable medium

infringement

unauthorized use of something that is copyrighted

fair use = protection from copyright infringement

4. What are trade secrets, and what laws offer protection for this form of intellectual property?

trade secret = a formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace

protection extends to both ideas and expressions

the berne convention (1886)

international copyright

How does the TRIPS (Trade-related aspects of intellectual property rights) agreement protect intellectual property worldwide

>100 nations signed the TRIPS agreement in 1994

include domestic laws broad intellectual property rights and effective remedies for violations of those rights

ensure legal procedures are available for parties who wish to bring actions for infringement of intellectual property rights