IP, Privacy, Trademark, Patent Test

IP, Privacy, Trademark, Patent Test - IP Generally Compare,...

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Compare, contrast all forms of IP, in re, the crosscutting issues of protectable subject matter, standards for acquiring rights, infringement To be protected by the IP rights, it must be of substance and not merely an idea any longer, but have substance in the real. Only real things can be protected under IP. Copyright Copyrightable subject matter Anything that is man made Bundle of rights of authors The right of the copyright holder, which are The right to reproduce, make derivative works, distribute, perform or display, license and/or display, digitally transmit Fair use exception details and applications Four exceptions The purpose and character of the use Nature of the copyrighted work How much and how important was the part used Effect on potential market Copyright registration procedures and impact of copyright notices In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Copyright infringement analysis: Where a party uses the work of another without their express written permission, authorization or consent, that party may violate the Author’s exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. Role of expert and lay persons in infringement analysis Expert: To develop the processes, in some cases, he is the one holding the patent Clean room techniques The clean room technique is a process in which a new product is developed by reverse engineering an existing product, and then the new product is designed in such a way that patent or copyright infringement is avoided. The clean room technique is also known as clean room design. (Sometimes the words "clean
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This note was uploaded on 04/07/2008 for the course IST 432 taught by Professor Bagby during the Spring '08 term at Pennsylvania State University, University Park.

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IP, Privacy, Trademark, Patent Test - IP Generally Compare,...

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