Chapter5slides - Chapter 5 Chapter Intellectual Property...

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Unformatted text preview: Chapter 5 Chapter Intellectual Property Patents, copyrights & trademarks trademarks • All protection created by federal statute • Trademarks can also be recognized at Trademarks the state level the • Rules differ greatly for each Trademarks Trademarks • • • Test is likelihood of confusion 10 year period, renewable Confusion possibility depends on all Confusion facts and circumstances facts – Includes market and geography – Elle’s Brown Ale – Lexis and Lexus – Ky. Kernel Seasoned Flour Trademark Issues Trademark • Trademark dilution – Protection even if cannot show likelihood of Protection confusion (Since 1995) confusion • Strong Marks • Secondary meaning – Windows • Domain names • Cybersquatting Generic Use of Trademark Generic • If trademark term becomes generic, If protection is lost protection – Rollerblade – Windsurfer – Walkman – Kleenex • Can still use name, but cannot prevent Can others from doing so others Patents Patents • 3 general requirements – Novel (=new & different) – Useful – Nonobvious • • • Marketability not required 20 year protection from filing US: First to invent Pros and cons of patents Pros • Pro – Legal protection • Con – Disclosure – Limited time Patents Patents • • • • • You can sell invention You can license invention You can sell the patent You can will the patent You can sue others for infringing What is the legal significance of a patent? of • • • Patent gives you the right to defend it Government won’t do that for you Patent is the legal opinion of the PTO Patent opinion that your patent is valid that • But….the patent might have been But….the improperly issued improperly How is a patent challenged? How • By a plaintiff seeking to invalidate it • By a defendant in a case brought by the By owner of the patent owner Business Process Patents Business • Only recently patentable • At first “process” had to involve technology – Technology req. was taken away Technology • This now includes tax strategies as a business This strategy strategy – Very controversial; movement to change/eliminate • 10/30/2008 court decision seems to have put back 10/30/2008 technology req., though unsure technology Copyrights Copyrights • • • Test is originality Lasts life of creator + 70 years Corp: 95 yrs from pub or 120 from Corp: creation (shorter) creation • Protection is automatic • Notice Notice Fair Use Doctrine Fair • Allows limited use of copyright material Allows w/o permission w/o – Quotes for review or criticism – Use in parody or satire – Brief quote in news report – Reproduction by teacher of small part to Reproduction illustrate a lesson illustrate – Kindle issues (reading aloud) Digital Copyright Issues Digital • • • Past copying—cassettes Napster, technology and decision Technology today: unlimited, zero cost, Technology instantaneous, perfect duplication instantaneous, – What should the law be? • June 2009 verdict against Minnesota woman Misappropriation of trade secrets secrets • • • Mostly state law One can’t improperly take trade secrets One improperly Owner of secret must try to protect to Owner get legal protection get • Ok to get them legitimately – Reverse engineer – Go through garbage ...
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This note was uploaded on 12/06/2010 for the course BCOR 3000 at Colorado.

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