IP_and_Cyberspace - Intellectual Property Law Intellectual...

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Intellectual Property Law Intellectual Property “Intellectual Property” refers to business assets such as patents, copyrights and trademarks which are protected by federal and international law. Consists of Inventions (machines, devices or processes) Writings o Books o Plays o Screen plays o Movies o Articles o Class notes o Computer software o Designs o Colors o Music Trademarks Rational o Creates a limited monopoly o Incentive to innovate and create o Must be willing to license or use it Common Law “Palming Off” Unfair competition when a company tries to “pass” or “palm off” its products as that of a rival. Implied affiliation o Use of the defendants’ logo, symbol, or mark o Likelihood of confusion regarding the source of the product Imitation Trade Secrets o A trade secret is a process, product, method of operation or compilation of information that provides an individual a competitive advantage. Includes o Product formulas o Pattern designs o Data compilations o Customer lists o Any proprietary information not covered by patents, copyrights, or trademarks
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Under the “Uniform Trade Secrets Acts” of most states using another’s trade secret is considered misappropriation if obtained by: o Theft o Bribery o Industrial espionage o Employment of rivals employees If a trade secret is lawfully discovered it is no longer protected o Demonstrations o Plant tours o Reverse engineering Trade secrets are in perpetuity (last forever) “Owner must take all “reasonable” precautions to prevent misappropriation. “Defamation” and “Disparagement” occurs when one makes a false statement about another’s product. The defendant: o Must prove the statement was untrue o Was circulated to a third party Slander (oral) Libel (written) o Statement was made maliciously (intent to harm) Patents o Contained in the US Constitution and under the Federal Patent Statute of 1952 o
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