chapter 11 - intellectual property

trade secret

knowledge or information that has economic value from know being generally known to others

protected by the uniform trade secrets act

dont have to be unique

establishing a TS

must be a secret and take reasonable steps to preserve secrecy

TS misappropriation

improper acquisition of a TS

• theft

• burglary

• hacking

• espionage

not misappropriation of a TS

• innocently learning a TS

• independently learning a TS

• reverse engineering

civil enforcement of a TS violation

injunction

monetary damages

criminal enforcement of TS violations

domestic

• up 2 10 years in prison

• up 2 5mill in fines

international

• up 2 15 years in prison

• up 2 10mill in fines

patent

inventive act, right to exlude others from making, selling, importing an invention

protected under title 35 of the United States Code.

how to obtain a patent

1. pay filing fee

   1. inventor must be living

2. explain invention

3. show difference from prior art

4. detail claims

5. file application

   1. first to file gets the patent

utility patent

useful functional patents. processes, machines, compositions of matter

good for 20 years after filing

design patent

applied to appearance of an article of manufacturer unrelated to its function

good for 15 years after date of grant

plant patent

applies to new varieties of plants asexually reproduced in a lab

good for 20 years after date of filing

components of a patent

novelty

nonobvious

utility - only for utility patents

patent enforcement

owner of a patent can sue infringer for injunction/damages before the time is up on a patent

defense to patent infringement

validity of patent can be challenged through litigation

patent troll

entity that acquires patent rights to sue larger companies for infringement and collect settlements

trademark

word phrase symbol design or sound that identifies a good or service

protected by lanham act of 46

trade mark

mark word picture or sound that distinguishes goods

service mark

mark associated specifically to services

certification mark

mark used to certify the quality of a good or service

collective mark

mark represent membership in an organization

trade dress

look or design of a product. total and overall appearance

tm registration

1. register with PTO

2. PTO places mark in official gazette

3. if existing mark owner raises concerns theres a hearing

4. if mark is acceptable, PTO registers mark in principle register

potentially unlimited lifespan

must use in interstate commerce

civil TM

infingement - can be accidental

damages = injunctions, orders to destroy

have to prove likelihood of confusion

criminal TM

manufacturing and trafficking counterfeit products

TM dilution

dilution act of 1995

cant use a tm similar to anothers tm bc it will dilute its significance and reputation

mark suing must be hella famous

mark being sued must be using it for commercial use

blurring

usage of junior mark vlurs distinctivenes of famous mark

tarnishment

usage of junior mark creates negative impression about famous mark

copyright

protects works of creative expression

must be original

fixed in a tangible medium

show creative expression

dont need to register

how long do Cs run for?

individuals - life +70 years

company - 95 years from publication or 120 years from creation

C civil enforcement

must register with copyright office to bring action

must have been violated by:

• reproduction

• distribution

• performance

• display

• creation of derivative works

punishments = injunction or damages

C criminal enforcement

wilfull infringement aka piracy

can go to jail

copyright fair use

• criticism

• commentary

• news reporting

• teaching

• scholarship

• research

4 factors courts look at to determine fair use

1. purpose and character of work

2. nature of copyrighted work

3. amount used in relation to the whole

4. effect on the market