INTELLECTUAL PROPERTY- PERITZ (SPRING 2003)
A category of intangible rights protecting commercially valuable
products of the human intellect.
The category comprises primarily trademark, copyright, and patent rights,
but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition.
commercially valuable product of the human intellect, in a concrete or abstract form, such as a
copyrightable work, a protectable trademark, a patentable invention, or a trade secret.
OVERVIEW OF IP-
A formula, process, device, or other business information that is kept
confidential to maintain an advantage over competitors; information-including a formula,
pattern, compilation, program, device, method, technique, or process- that 1) derives
independent economic value, actual or potential, from not being generally known or readily
ascertainable by others who can obtain economic value from its disclosure or use, and 2) is
the subject of reasonable efforts, under the circumstances, to maintain its secrecy.
definition states the majority view, which is found in the
UNIFORM TRADE SECRETS
State Law Doctrine-
most states protect trade secrets by statute.
The purpose is to
prevent “theft” of information by unfair or commercially unreasonable means.
form of PRIVATE intellectual property law under which creators establish
contractual limitations or build “fences” that afford protection from
Extent of Protection-
trade secrets have no definite term of protection but may be
protected only as long as they are secret.
Once a trade secret is disclosed, protection
generally will find misappropriation of trade secrets in two circumstances:
1) where the secrets were obtained by theft or improper means, and 2) where they
were used or disclosed by the defendant in violation of a confidential relationship.
[No protection against independent discovery or invention, or “reverse
PRIVATE IP Law
creators establish contractual limits or build “fences” that
afford protection from misappropriation
courts will find misappropriation in two circumstances
Where secrets were obtained by theft or improper means
Where they were used or disclosed by Δ in violation of a confidential
relationship (NO protection for independent discovery, invention or
damages and in some cases injunctions against further use or disclosure.
the governmental grant of a right, privilege or authority.
The official document so
granting the exclusive right to make, use, or sell an invention for a specified period
), granted by the federal gov’t to the inventor if the device or process is 1) novel; 2)
useful; and 3) non-obvious.
35 U.S.C.A. §§ 101-103