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exam 3 - AFTER EXAM 2 Chapter 5 Intellectual Property o...

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AFTER EXAM 2 Chapter 5 Intellectual Property o Article 1 Section 8 of US Constitution – pg 136 Congress shall “Promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries.” o Functions of IP laws To encourage, protect, and reward inventive and artistic creativity. o Forms of intellectual property Patent Government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period o Inventions – 20 years o Designs – 14 years Requirements o US Patent and Trademarks office Must prove the invention, discovery, process or design is novel, useful and not obvious is light of current technology o First person to invent gets it, not first person to file o Protection begins when application is filed Not patentable o Laws of nature o Natural phenomena o Abstract ideas, such as algorithms Patentable o Art, storylines, as long as not obvious and novel o Asexual plants (genetics) o Genetically engineered or cloned microorganisms and animals Patent infringement o Making, using or selling another’s patented design, product or process without owner’s permission o Remedies Patent holder can sue for relief Request damages for royalties and lost profits Court can triple damages Copyright
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Exclusive right of an author or originator of a literary or artistic production to publish, print or sell that production for a statutory period of time Protection o US Copyright Office o Copyright act of 1976 o After 1-1-78 Works automatically given statutory copyright protection for the life of the author plus 70 years Publishing houses 95 years from date of publication Or 120 years from date of creation, whichever first More than one author 70 years after death of the last surviving author o Does not require the © o Must be “fixed in a durable medium” from which it can be perceived, reproduced or communicated o Categories Literary works Musical works and accompanying words Dramatic works and accompanying music Pantomimes and dances Pictorial, graphic and sculptures Motion pictures Sound recording Architecture o Cannot copyright ideas, but can copyright the expression of the idea o Compilations of facts are copyrightable Copyright infringement o Copying the form or expression of an idea o Damages Based on the harm caused by the copyright holder No statutory damages past 150k o Fair use exception Criticism, education, comment, research, etc. Consideration Purpose and character of use Nature of copyrighted work Amount used Effect of use upon potential market
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Electronic o Software considered literary work Usually do not protect the look and feel of software o Prior to 1997 criminal penalties could only be upheld if infringer profited o NET Act of 1997
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