Chapter 8 Notes:Unfair Competition - Chapter 8 Unfair...

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Chapter 8: Unfair Competition I) Protection of Intellectual Property a. Patents: an agreement between an inventor and the federal government – inventor obtains the exclusive right to exclude others from making, using or selling his invention, in return for making the invention public by giving the government certain information about it a.i. “first-to-invent” rule a.ii. What is patentable? a.ii.1. A process a.ii.2. A machine a.ii.3. A manufacture or product a.ii.4. Composition of matter a.ii.5. Improvement of previous a.ii.6. Ornamental design a.ii.7. A plant produced by asexual reproduction a.iii. Novelty requirement – no patent before inventions creation or one year before patent application a.iv. Creation problems – more than one inventor a.v. Abandonment – express statement or implication from conduct delaying for unreasonable length of time before making a patent application a.vi. Obtaining a patent – application must include specification and drawing when necessary to understand the subject material a.vii. Ownership and transfer of patent rights – usually for 17 years a.viii. Transfer – need a written assignment a.ix. Defense – subject matter within scope of patent nor substantially equivalent to patented invention a.x. Current issues – “patent trolls” b. Copyrights – exclusive rights to creators of the original works of authorship – incentive to innovate, but prevents others from taking work b.i. To merit copyright protection: must be fixed, or set out, in a tangible medium of expression from which they can be perceived, reproduced or communicated b.ii. Protects the way in which things are expressed – protects object code and source code b.iii. Copyright comes into existence upon creation and fixing of a protected work b.iv. Duration: CTEA – Copyright Team Extension Act 47 years b.v. Works-for-hire: b.v.1. Employee prepares copyrightable work b.v.2. Individual or corporation and independent contractor enter into a written agreement under which the independent contractor is to prepare one of several types of copyrightable works designated by the copyright act
b.vi. Ownership rights – right to reproduce copyrighted work, prepare derivative works based on it, distribute copies of the work by sale or otherwise, perform work, or display publicly b.vii. Infringement – need proof that: b.vii.1. Defendant had access to copyrighted work b.vii.2. Defendant engaged in enough copying that the resemblance between the two doesn’t seem coincidental b.vii.3.

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