Intellectual Property Rights

Flashcards covering key concepts related to Intellectual Property Rights.

Intellectual Property

Property that results from intellectual creative processes.

Trademarks

A trademark is a word, phrase, symbol, or design affixed to goods or services for identification.

Trademark Infringement

Occurs when a defendant uses a plaintiff’s trademark in a way that confuses consumers about the origin of goods or services.

Trademark Dilution

Happens when the use of a similar mark weakens the distinctiveness or reputation of a famous mark.

Licenses

Contracts granting permission to the licensee to use the trademark from the licensor.

Patents

A government grant giving an inventor exclusive rights to make, use, or sell an invention for a designated period.

Utility Patents

Patents for new and useful products, machines, or processes, lasting usually 20 years.

Design Patents

Protection for the design of a product, lasting 14 years.

Copyrights

Property rights granted to authors/creators of literary or artistic works, governed by the Copyright Act.

Fair Use Doctrine

Allows limited reproduction of copyrighted works for purposes such as criticism, news reporting, or education.

Trade Secrets

Ideas, processes, or information with commercial value that cannot be protected by other means.

First Sale Doctrine

Allows the owner of a copyrighted item to resell or dispose of it without infringing copyright.

Copyright Infringement

Occurs when a protected work is copied or reproduced without authorization.

Non-obviousness

A requirement for patents indicating that an invention is not obvious to someone skilled in the field.

Secondary Meaning

Occurs when descriptive terms gain trademark protection due to public association with a product.