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Intellectual property
A categorical description of intangible assets owned and legally protected by a company/individual from outside use or implementation without consent.
Patent
Grant of property rights to the inventor. It gives the right to eliminate the usage, production, selling, and importing owner's invention.
Patent's safeguard
20 Years
Patent Registration
Available after the inventor reveals the invention fully and publicizes the technical information of the invention.
Patent Law
Grants protection for new inventions (products, processes, designs, etc.)
Trademark
Any word, phrase, symbol, design, or combination of these things that identifies your goods or services.
Trademark Registration
Trademark can be exclusively used by its owner or licensed to another party for use in return for payment. Provides legal certainty and reinforces the position of the right holder.
T/F- A lawncare company trademarks a logo it uses, this means that a company in a different business entirely cannot use a logo similar to the trademarked logo.
False
Trademarks that can be registered are...
almost endless. Incl. Drawings, Shape of goods, Sound, Colors, Words.
™ Symbol
Stands for trademark and indicates the unregistered trademark. Usually implies that they have applied for trademark registration.
T/F- ™ Symbol does not guarantee protection under Trademark law
TRUE
SM Symbol
Same as TM except used when in connection with a service such as banking or legal services.
R (®) Symbol
Trademark is registered.
T/F - R (®) Symbol can be used regardless if the trademark has actually been registered.
FALSE
Trademark Expiry
A trademark can last indefinitely but only if it is properly maintained. In order to keep your trademark alive, you need to continue using it in commerce and renew it every 10 years with the USPTO.
Trademark Renewal
The US Patent and Trademark Office (USPTO) administers federal trademark registrations.
Trade Secrets
IP rights on confidential information that may be sold or licensed. Defined as a piece of information that is kept confidential or reasonably which provides a business with an economic benefit over its competitors.
Types of Trade Secrets
Financial Data
Customer Lists
Computer Source Code
Supplier's Lists
Pricing Information
Copyright (author's right)
A legal term used to describe the rights that creators have over their literary and artistic works.
Copyright does not extend to...
Ideas, Procedures, methods of operation & mathematical concepts.
Copyright protects
Literary works such as novels, poems, plays, reference works.
Computer Programs
Films, musical compositions, and choreography
Copyright Owner
Anyone can be a Copyright owner.
T/F- Works made by an employee belong to the employee.
False - They belong to the employer
Length of Copyright
Copyright protection varies from country to country, and can stand for 50 to 100 years after the individuals death.
Copyright: Original
Work must merely be independently created.
Copyright: Work of Authorship
Work must be a product of creative expression that falls under a category of copyrightable subject matter.
Copyright: Fixed
Meet the fixation requirement a work must be fixed in a tangible medium of expression. Protection attaches automatically to an eligible work the moment the work is fixed.
Rights Under Copyright
Economic Rights: Allow the rights owner to derive financial reward from the use of their works by others.
Moral Rights: Protect the non-economic interests of the author. Even if the creator sells copyright in the work to someone else he or she retains moral rights in the work. The work cannot be distorted, mutilated, or otherwise modified in a way that is prejudicial to the creator's reputation or honor.
Moral rights are personal to the creator, and thus cannot be sold or given away.
Copyright Registration
Copyright exists automatically in an original work of authorship once its fixed.
Problems to Protect Copyrights
Digital technology and the internet make copyright infringement easier and cheaper.
Copyright Law of the U.S.
Grants monopoly protection for "original works of authorship".
Copyright Infringement
Using another person's original creative work, or a copyrighted work, without permission.
Fair Use
An affirmative defense that can be raised in response to claims by a copyright owner that a person is infringing a copyright.
4 Factors to consider in Order to Constitute Fair Use
The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for or value of the copyrighted work.
Fair Use Exceptions
Scholarly Works
News Reporting
Criticism
Teaching
IP Rights
All rights associated with intangible assets owned by a person or company and protected against use without consent.
IP Theft
The act of robbing people or organizations of their ideas, inventions, creative products, and other types of IP.
3 Methods of IP Theft
Hacking
Privilege Abuse
Human Errors
Protecting Intellectual Property
Document Discoveries
Use DRM systems
Opt for strong nondisclosure agreements
Create strong access credentials
Computer Crime A.K.A Cyber Crime
Crime involving computing against a digital target or a crime in which a computing system is used to commit criminal offenses
Hacking
Act of identifying and then exploiting weaknesses in a computer system or network, usually to gain unauthorized access to personal or organizational data.
T/F- Hacking is always malicious
F
Hacktivism
Hacking or Breaking into a computer system, for politically or socially motivated purposes.
Who do Hacktivists Target?
Government Agencies
Multinational Corporations
Any entity perceived as "bad" or "wrong"
What Motivates Hacktivists?
Revenge
Political or Social incentives
Ideology
Protest
Desire to embarrass certain organizations
White Hat Hackers
Ethical security hackers who identify and fix vulnerabilities
Black Hat Hackers
Cybercriminals that illegally crack systems with malicious intent.
Gray Hat Hackers
May not have malicious intent, but they don't have consent of those whose systems they hack into.
Zero-day Vulnerabilities
Software vulnerability discovered by attackers before the vendor has become aware of it.
Computer Fraud and Abuse Act (CFAA)
Inacted in 1986 CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization.
Financial Identity Theft
When one person uses another's personal data for financial benefit.
Medical Identity Theft
When a criminal poses as another person to obtain health care services
Synthetic Identity Theft
When a criminal creates fake identities using real people's information.
Criminal Identity Theft
Occurs when someone cited or arrested for a crime presents themselves as another person, by using that person's name and identifying information.
Child Identity Theft
Revolves around creating fake IDs under children's names
Phishing
A method of cyberattack that attempts to trick victims into clicking on fraudulent links in emails.
Vishing
A combination of "voice" and "phishing" and is a scam where criminals call or leave a voicemail asking for personal information.
Smishing
An unwanted text message asking for personal information or urging you to click a suspicious link
Pharming
A specific type of cyber attack when a hacker mimics a real websites and redirects a user to the fake website.
DDoS Attack
Hacker sends a large amount of website traffic or pings to a network to try and slow/shut down the network.
Biometric Verification
You are the password
Physical Biometric
Include things like fingerprints, facial patterns, handprints, and eye patterns.
Behavioral Biometrics
Includes voice, how you walk, speak, and typing patterns
Privacy Rights
Personal possessions are generally considered private, including purses, briefcases, and employee storage lockers.
10 Employee Rights
Privacy Rights
Harassment-free Workplace
Safe Workplace
Whistleblowing
Retaliation Protection
6.Reasonable Accommodations
Fair Pay
Overtime Wages
Unpaid, Job-Protected Leave
File a Complaint or Lawsuit
Harassment-free Workplace
Employers are not permitted to discriminate against any job applicant or employee due to his or her legally protected class in hiring
Note
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