Bus 154 3rd Revised Notes - Business Law INTELLECTUAL...

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Business Law 03/02/2016 ° INTELLECTUAL PROPERTY APPROACH o DEFINITION Inventions and creations attributable to human ingenuity, efforts, investments and creativity that is new and non-obvious and has commercial value o FORMS Copyright Original Work: independent creation Reduced to a Tangible Means of Expression Copy or phono-records that is sufficiently permanent such that the work can be reproduced, perceived and communicated with very little effort and is not of a transitory manner. Product of Authorship Literary works Music works Dramatic works Pantomimes Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works Computer programs Exclusions from Copyright Protection
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Ideas, methods, and systems Short phrases Public domain o Expiration o Governmental symbols Facts Immoral work Computing methods and mechanical devices Patents Definitions: machine, equipment, composition of matter, manufacture, business systems programs, computer software programs and any improvement thereof that is useful, novel, non- obvious and has commercial value. Useful: legal use Novel: first to invent Invention known or used by others Invention in use or on sale Invention has been abandoned Foreign patent Invention described in prior publication Inventor did not invent Invention invented by others Patent-Non-Obvious Primary considerations
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o Prior art o Differences between prior art and the invention o Level of ordinary skill in prior art Secondary considerations o Commercial success o Long-felt need and failure of others o Commercial Acquiescence o Copying Exclusions o Product of Nature o Laws of Nature o Printed Matter o Non-useful business methods and mental steps Trademarks Definition: word, name, symbol, device or any combination thereof which is distinctive and intended to be used in the marketplace, actually used in the marketplace to distinguish the owners goods or services from that of his/her competitor and identifies the source of one’s good or service Function Identification Indicate all goods and services offered under the mark come from a single producer, manufacturer or source Consistency Advertising device Categories
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Generic Descriptive Suggestive Arbitrary Fanciful Trade Secret Protectable Matter Slogans, letters and numbers Logos and symbols Names of performing artist Domain names Foreign terms Shapes and containers Trade dress Color Fragrances, sounds and moving images Exclusion Disparaging marks Insignia Immoral terms Names and portraits of living persons
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Descriptive Functional Surnames Geographical Confusing terms Statutory protection Laws Lanham North American Free Trade Agreement
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