exam 3 - • AFTER EXAM 2 • Chapter 5 • Intellectual...

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Unformatted text preview: • 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 • 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 • 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...
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This note was uploaded on 10/05/2008 for the course BCOR 3000 taught by Professor Morley during the Spring '07 term at Colorado.

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exam 3 - • AFTER EXAM 2 • Chapter 5 • Intellectual...

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