chapter 8,9,10,11

chapter 8,9,10,11 - Chapter 8 Property enforceable right...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 8 Property enforceable right that a person has in a thing & includes the following (4) categories: Real Property land & everything attached to it, immobile / Personal Property any property that is not real property, mobile / Tangible Property physical existence & can be distinguished by the senses of touch, sight, smell / Intangible Property not physical Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use; different types of intellectual property are protected in different ways. Not Exclusive. Form of intangible, personal property. Strong Legal Protection Patent grant by the gov that permits inventor exclusive use of invention Federal Patent Statute (Novel, Useful, Non-obvious) Utility Patent invent/improve items with mechanical/electrical device 20 yrs "what invention does" Design Patent invent new, original, ornamental design for an item 14 yrs "how it looks" Federal Protection of Copyrights Holder of copyright owns particular tangible expression of (novel) idea, not underlying idea valid 70 yrs after death of work's last surviving author (Literature, Music, Drama, Choreography, Pictures, Sculpture, Recordings) Copyright Infringement auto copyright once in tangible form, registration with Copyright Office of Library of Congress is prerequisite to brining a suit to enforce copyright through a tort action for infringement - prohibit further violations, destroy infringing item, pay damages, fees, gain Doctrine of Fair Use permits limited use of copyrighted material w/out permission of the author for purposes such as criticism, comment, news, scholarship, research (generated lots of litigation) Expensive Music Download $750 - $30,000 each copyright infringement, up to $150,000 for each willful infringement Trademark any combination of words, symbols that a business uses to identify its products/services Trade Secret formula, device, process, method, compilation of info that when used in business gives owner advantage over competitors, - can last Misappropriation of Trade Secret Uniform Trade Secrets Act uniform act goving the creation & protection of trade secrets - owner must made reasonable effort to keep info secret Economic Espionage Act imposes criminal liability on persons who intentionally & knowingly steals trade secret or knowingly receives or purchases a wrongfully obtained trade secret - fined up to 5-10 million, extraterritorially - outside US may be applied International Treaties US signatory to numerous international treaties which provide "reciprocal protection" for patents, copyrights, trademarks Cyber Torts (Defamation) Communications Decency Act - tort-feasor personally liable but not service providers Cyber Crimes (Identity Theft) using someone else's personal info for own personal gain
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 10/28/2011 for the course BULE 301 taught by Professor Stanoff during the Spring '11 term at NYU.

Page1 / 2

chapter 8,9,10,11 - Chapter 8 Property enforceable right...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online