intellectual property

intellectual property

protection over creation of the mind

types of IP

• patent

• copyright

• trademarks

• industrial design

• trade secrets

patent

• Exclusive right to make, use, or sell an invention for 20 years in exchange for sharing how it works with the public

• new - not invented before

• unique - different enough to stand out from existing inventions

• useful - actually works and can be reproduced by a skilled person and solves a problem

• unobvious - something that a person skilled in the field wouldn’t naturally think of

4 classes of patent

machine (coffee maker)

process (software)

article of manufacture (useful but not hard to make)

composition of material (medicine, cosmetic formula)

copyright

• right of ownership of an original literary or artistic work and control over who copies it

• lasts the lifetime of the individual plus 50 years

• registration is not required for protection

• protects the artwork but not the idea

• stolen copyright is infringement

infringement

• unauthorized copying of protected work

• copying, distributing, or publishing without permission

• fair dealing - allows limited use of the copyrighted material without the owner’s permission

moral rights

• author has the right to have his name associated with the work

• have pseudonym or remain anonymous

• action if distortion of work affects the reputation of the author

plagiarism

Presenting someone else's work, ideas, or words as your own without proper credit.

remedies

damages - money awarded to compensate for harm caused by the infringement

injunction - court order to stop the person from continuing to us ethe copyrighted work

accounting for lost profits - the infringer must hand over profits made from using the work

trade secret

• the commercial secret regarding a product or process

• employees are held accountable for keeping secret

Non-disclosure agreement (NDA)

contract to maintain a trade secret

used for employees, potential partners, suppliers and customers

trademark

a mark to distinguish the goods and services of one person from the goods and services of others

includes trademarks, trade names, slogans, packaging (coca cola bottle)

lasts 10 years

failing to use the trademark, or allowing it to become generic, can lead to the loss of trademark protection

types of marks that can be registered

sc stnd

• service marks - used by service industries

• certification (quality) marks

• distinctive guise - particular shape, used to distinguish it from products of others

• trade name - name chosen to describe a business

• sound mark - sound of distinctive character

• non-traditional marks - colors, scents, holograms, animations

registration requirements

ducco

• distinctive (not confusing with marks already in existence)

• used in public (used in commerce)

• cannot be related to royalty or government-related

• cannot references a famous living person or one who died within the last 30 years

• offensive symbols

remedy

injunction

if goods are sold under a registered trademark, an accounting for lost profits may be implemented

forgery of a trademark is a criminal offense

passing off - using the goodwill of another company by passing off as the genuine product

industrial design

manufactured product with a unique visual element requiring protection against unauthorized copying

unique shape, pattern or ornament, or configuration

registration gives the owner of the design the exclusive rights to produce the design for the 10 years

once registered, owner must notify public by marking goods

franchise

• business relationship that licenses the use of trade names, trademarks, and operating procedures

• franchisor grants franchisee license to use the trade name and trademarks of teh ranchisor’s products and service

• involves royalties from profits