BLW 342 Chapter 15

  • Difference between tangible and intangible property; 

    • Tangible property: property with physical existence 

    • Intangible property: property that does not have physical existence (patents, copyrights, trademarks), but carries full protection of ownership

  • Patents—

    • Definition: a legal monopoly over inventions, products, and processes for a statutory time period

    • what can be patented: an idea is patentable only if it is nonobvious, novel, and useful, and the idea must be reduced to some tangible form 

    • Types: 

      • Utility patents: machines, process, and improvements to existing devices - 20 years

      • Design patents: protect features of products - 15 years

      • Plant patents: for those that develop new forms of plants and hybrids - 20 years

    • length of time: 

    • rights of patent holders: 

  • Copyrights—

    • Definitions: an exclusive right to sell, control, or license words, thoughts, ideas, and music

    • what is protected: authors of books, magazine articles, plays, movies, songs, dances, recordings, architectural designs, broadcasts, photographs, computer programs, and vicarious infringement 

    • Duration: life of creator plus 70 years, Businesses: 120 years from creation or 95 years from publications

    • rights of holders: control over reproduction, distribution, public performances, derivative works, and public displays.

    • penalties for infringement: profits made by the infringer, actual costs, attorney fees, and any other expenses associated with the infringement action.

    • third parties: 

    • fair use: an occasional and spontaneous use of copyrighted materials for limited purposes

      • Questions to ask if its fair use

  1. Is the use for commercial or nonprofit/educational use?

  2. Is the work large or small or a song, poem, or book? 

  3. What is the effect of the use on the copyrighted work? 

  • Trademarks—

    • Definition: words, names, symbols, designs, or devices that businesses use to identify their products or services

    • Lanham Act: a federal law passed to afford businesses, protection for their trademarks

    • trade names: an official name under which a company functions

    • Statutes: written laws that establish rules and guidelines for business operations and activities

    • trade dress: the colors, designs, and shapes associated with a product 

    • cyber infringement: unauthorized use of trademarks over the internet

    • Cybersquatting: registering names, as internet domains, in the hope of reselling them at a profit.

    • ways to enforce intellectual property rights: 

      • Product disparagement: defamation for products/businesses 

        • Statement must be untrue

      • Palming off: Company sells its product by leading buyers to believe its another product

        • Must establish confusion is likely

      • Misappropriation: the use of another’s ideas or trade secrets, for benefit

        • theft, espionage, or bribery must be used to obtain secret