Intellectual Property

Intellectual Property

is any property resulting from ____ and creative processes

Trademark

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

Trademark Dilution

protects the unique identity and reputation of famous trademarks, even if there's no consumer confusion, by preventing the weakening or tarnishing of a mark through unauthorized use

Trade Infringement

when a trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, it has been ___ or used without authorization

Trade Dress

the image and overall appearance of product

• it is broad concept that can include all or part of the total images or overall impression created by a product and its packaging

Trade Name

a name that business uses to identify itself and its brand

• a _____ is directly related to a business’s reputation and goodwill and is protected under trademark law

Licence

agreement that permits use of trademark, copyright, patent, or trade secret for limited purposes

• the owner is the licensor, the user is the licensee

• the term of use are delineated in the ___ agreement

Patent

is a property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited time

Novel

an invention must be genuinely new and not previously known or publicly disclosed, including patents, published documents, or public use, before a patent application is filed

Nonobvious

an invention is not simply a predictable or obvious improvement on existing technology, but rather a significant and non-trivial advancement that would not be readily apparent to someone skilled in the relevant field

Useful

grants an inventor exclusive rights to their invention, allowing them to prevent others from making, using, or selling it for a set period, typically 20 years, in exchange for publicly disclosing the invention

Patentable Subject Matter

the types of inventions that the law allows to be patented, specifically encompassing processes, machines, manufactures, and compositions of matter, or improvements thereof

Patent Infringement

using, selling, or importing a patented invention without the patent owner's permission, violating their rights and potentially leading to legal action

the manufacture, use or sale of another’s product or design without permission (license)

Design Patent

a type of legal protection for the unique visual qualities of a manufactured item

Plant Patent

protects a new and unique plant's key characteristics from being copied, sold or used by others

Utility Patent

protects the commercial rights of a product or process, granting the creator exclusive rights to produce and sell their invention without competition for a specified period

Henrietta Lacks

whose cells became the first immortal human cell line , raises critical business ethics questions due to the biotech industry's profit from her cells without her consent or knowledge. 

Prior Sale

the situation where, after making an offer to the buyer, the seller then sells the offered product to a dif- ferent party before the buyer has accepted the offer

Copyright

is an intangible property right granted by federal statute to the author or originator for certain literary or artistic productions

Fair Use

a legal doctrine that allows limited use of copyrighted material without permission for specific purposes, such as criticism, comment, news reporting, teaching, scholarship, or research

First Sale Doctrine

once a copyright owner sells a physical copy of a copyrighted work (like a book or a CD), they lose the right to control its resale or disposal by the new owner

Copyright Term of Legal Protection

the length of time an original work is protected by copyright law, granting the creator exclusive rights to use, distribute, and adapt it

Public Domain

creative works (like books, music, art, etc.) that are no longer protected by copyright, meaning anyone can use, modify, and distribute them freely without permission or royalties

Copyright Infringement

occurs when form or expression is copied. it does not have to be in its entirety

actual damages, statutory damages, or criminal penalties

using or copying someone else's copyrighted work (like a book, song, or image) without their permission, which violates their exclusive rights