LEGAL STUDIES

LEGAL STUDIES - E xam 2 Legal studies Chapter 11 In...

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Exam 2 Legal studies Chapter 11 Intellectual Property Trade secrets: must take measures to make it secret and the secret has to have economic value Civil and criminal enforcement Patents: 20 years legalized monopoly, 14 for design. It is granted in the U.S. constitution o Application: explain how to make and use the invention. How it is different from the prior art. What claims and what aspects deserve the patent o Requirements for patents: must be patent subject matter, not obvious, novelty, utility. One year rule, if it is in use for more than a year, then the date you file your patent is not novel. o Defenses for patent infringement: Not infringing every aspect in the claim Invalid when granted. Not novel not obvious Trademarks- protection lasts forever o Indicates the source of the good o Trade dress: the distinctive colors or design in the packaging o Must be distinctive to register o Not generic, or merely descriptive. o Enforcement: civilly o Defenses: not distinctive or has become generic, fair use ( only for trademark or copy rights) Copyright- lasts a lifetime plus 70 years. If it is a corporation it is 75 years o Requirements: original, fixed in a tangible medium, and some level of creativity o Defenses Fair use Digital Millieunum copyright act
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Contracts Chapter 8. 10 for every 7. More on test and final UCC governs the sale of goods Offer, acceptance, consideration, mental capacity, and lawful purpose. Must have all fives to have an enforceable contract Issues with offer: o You can revoke before other accepts o Subject matter was destroyed o If you become insane or die Acceptance: Acceptances have to be exact mirror of offer. Consideration: must be present at every point. Have everything
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LEGAL STUDIES - E xam 2 Legal studies Chapter 11 In...

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