324804041-IP-Outline.docx - Authority Subject Matter How...

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INTELLECTUAL PROPERTY OUTLINE Patent Copyright Trademark Trade Secrets Authority Constitution. The constitution creates incentives for people to innovate and create – it is utilitarian in nature. 35 USC. *Exclusively federal law* (Utilitarian Theory) 17 USC (federal law) *mostly federal law* but there is some state law. Commerce Clause (consumer protection doctrine; the idea is so that people know where their goods are coming from – it also encourages companies to make quality products) 15 USC (Lanham Act); there is also state law protection (unfair competition – TM related attributes) Primarily state common law (we will study primarily the Uniform Trade Secrets Act); R.2d of Unfair Competition. The most prominent federal law is the EEA (Economic Espionage Act) Subject Matter Processes, machines, manufactures, and composition of matter (these are the statutory categories protected) Creative works, computer software, architectural works Logos, slogans, something that indicates where the thing itself came from; service marks; certification marks (fair trade) Formula, pattern, compilation, program, device, method (any information that is not generally known that provides some competitive advantage) How Obtained PTO and they give you a patent, go through patent examination process Just have an original work fixed in a tangible medium of expression; must register a copyright to be able to sue on it. Trademark your name? – it must represent something to the source; trademarks do not have to be registered. There are benefits to registering TMs Reasonable efforts to keep something secret. It’s not an absolute secrecy requirement. Can use things like contract law, employment law, etc. to protect the secret. Duration 20 years from filing Life +70 for works currently created; minimum of 95 years after publication or 120 years after creation Until it’s abandoned Until it becomes public knowledge (someone discloses or someone else develops it independently) Rights Make, use, sell, offer to sell, and import Bundle of different rights: copy, distribute, display, perform, derivative works (ex. Harry Potter movies, Star Wars collectibles) Exclusive right to use the marks, to prevent consumer confusion amongst marks that are similar Protection against misappropriation, theft Are there areas that exist where there is intellectual property but no law to regulate it? I. Magicians II. Culinary Work III. Comedians COMPARISON OF DIFFERENT TYPES OF INTELLECTUAL PROPERTY PROTECTION I. Useful Article Doctrine a. Useful Article: An article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. b. Patent v. Copyright i. Brandir International v. Cascade Pacific 1. Dispute over whether the Ribbon Rack is copyrightable (to hold bicycles).

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