INTELLECTUAL PROPERTY Objective 3.04

Property Real Property Personal Property Intellectual Property The ground and everything attached to it Personal Property Everything, other than real property that can be owned Intellectual Property An original work fixed in a tangible medium of expression.

Intellectual Property A product resulting from human creativity, an original work fixed in a tangible medium of expression. Patents-Inventions Copyrights-Movies, Songs, Plays, Literary Works, Choreography, Paintings, drawings, Photographs Trademarks-Products and Services Trade Secrets-Formulas, Practice, Process, Patterns Designs-Machines, Building, Products

Origin of Intellectual Property Constitution “To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Article 1, Section 8, Clause 8

Types of Intellectual Property Patents Designs Copyrights Trademarks Trade secrets Service marks

Types of Intellectual Property(cont) Patents A grant giving an inventor the exclusive right to make, use, or sell an invention for a period set by Congress

Types of Intellectual Property(cont) Patent law Provides monopoly protection for inventions. Protection much stronger than copyright. Holder has exclusive rights to produce, use, sell the invention for a 20 year term. Must be an original idea. Cannot be renewed. Patent Office receives 100,000 applications each year “Patent Pending” & “Patent Applied For” Patent Act - 1790

Types of Intellectual Property(cont) Copyrights A distinctive mark, symbol or slogan used by a business to identify and distinguish its goods from products sold by others.

Types of Intellectual Property(cont) Designs The process of originating and developing a plan for a new object (machine, building, product, etc.) typically resulting in a design document. 14-year term Design law design patent is a patent granted on the ornamental design of a functional item

Types of Intellectual Property(cont) Copyright law Protects the expression of an idea but not the underlying idea itself, i.e. composers, artists, photographers. Minimum term of life of author plus 70 years 95 years in case of anonymous or pseudonymous works Published and unpublished works Protects authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works. Copyright clause of the U.S. Constitution DISCUSSION Copyright Basics

Types of Intellectual Property(cont) Trademarks A distinctive mark, symbol, or slogan used by a business to identify and distinguish its goods from products sold by others.

Types of Intellectual Property(cont) Trademark law http://www.uspto.gov/ Aid the consumer in differentiating among competing products and protect the reputation of a business. Lanham Act - 1947 Protect Businesses from imitations Continuous use good forever. Renew every 10 years. General trademarks can be lost (Corn flakes and aspirin) WORKSHEET: Tommy Hilfiger WORKSHEET: Ralph Lauren

Types of Intellectual Property(cont) Trade Secrets Confidential information, formula, process, practice, design, pattern or instrument that provides an economic advantage over the competition.

Types of Intellectual Property(cont) Trade Secret law Protection under state law against unauthorized use of confidential information. Uniform Trade Secrets Act - 1985 Protects the economic value of information, formula, pattern compilation, program, device, method, technique or process

Types of Intellectual Property(cont) Service Mark A trademark used to identify a service rather than a product (SM). Businesses use service marks to identify their services and distinguish them from other services provided in the same field. Lanham Act - 1947 WORKSHEET: Patent & Trademark Website POWERPOINT: Intellectual Property Review

Types of Intellectual Property What is Protected Registration Required? Duration Examples Patent Ideas, designs or processes that are novel, nonobvious, and useful Yes 20 years Industrial Chemical Manufacturing Processes Prescription drugs Copyright Fixed Expressions of creativity No, but recommended 50 years (aka 70 years past the death of the creator) Novels, Poems, Songs, Photographs Trademark Distinctive mark, word, or symbol associated with a particular product No, but recommended Indefinite Logos, Emblems, Catch phrases

Intellectual Property Issue Today Cyberprotection law Product distributed digitally using computers Music, movies, etc. New computer products & inventions Hardware devices Products that use or work with computers Software

Intellectual Property Issue Today Cyberprotection law Patents Uniform computer Information Transactions Act - 2004 Liability for defects and errors(MD & VA Only) Copyrights Internet Broadcast /Duplication No Electronic Theft Act – 1997 Copies of Software Digital Millennium Copyright Act - 1998 Trademarks & Domain Names Anticybersquatting Consumer Protection Act – 1999

Intellectual Property Issue Today Software Piracy -The unauthorized copying of software Bootlegging - Illegal copying and selling CD’s. Plagiarism - The use of another's information, language, or writing, when done without proper acknowledgment of the original source WORKSHEET: You Be The Judge WORKSHEET: IP Mock Cases

Intellectual Property Issue Today Clipart - is the use of images either copied or physically cut from pre-existing printed works, either books that have entered the “public domain”.

Intellectual Property Issue Today Fair use policy - The doctrine, which provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

Intellectual Property Issue Today Right of publicity and right of privacy - protects individual persons under state law against use of person’s likeness. (Identify theft)

Intellectual Property Issue Today Trade dress law protects the appearance and image of a product or service Packaging size Shape Color Examples: décor, such as Outback Steakhouse chain Shape of a classic Coca Cola bottle

Intellectual Property Issue Today Fair use policy - A U.S. legal term for uses of content that is considered valid defenses to copyright infringement, such as for criticism or educational purposes. Infringement-violation of a law or a right. Worksheet Key Terms

Overlapping IP Protection An ornamental design may be protected by copyright as a work of art and also may be the subject of a design patent. Where a copyrighted artistic representation identifies a product or service, it also may be the subject of a trademark. In some instances, an industrial design can span patent, trademark and copyright protection.

Overlapping IP Protection The Coca-Cola Contour Bottle In 1915, Alexander Samuelson and Earl R. Dean designed the original "hobble skirt" contour bottle. The first design patent on the bottle, D63,657, was granted on December 26, 1923, to the bottle manufacturer.

Overlapping IP Protection The Coca-Cola Company received a second design patent for the contour bottle on March 24, 1937, preventing imitation of the bottle for another 14 years.

Overlapping IP Protection The bottle became so well known that it became synonymous with the Coca-Cola product. The Coca-Cola Company sought and obtained a federal trademark registration for its contour bottle on April 12, 1960, enabling the company to safeguard the bottle design indefinitely. Trademark: Bottle, COCA-COLA, COKE Copyright: Bottle, keychain, advertising Trade secret: The formula (SHHH! It’s a secret!) Right of publicity: Use of sports figures

“IP Cosmetics, Inc.” Our hypothetical company, IP Cosmetics, Inc., a cosmetics manufacturer and marketer, is headquartered in Alexandria, Virginia

“IP Cosmetics, Inc.” IP Cosmetics, Inc.’s ace inventor, Ivan Vent, has just made a discovery that promises to put the company on the map and turn the cosmetics industry on its head. Just in time for the aging “baby boomer” generation, chemist Vent invents an anti-aging cream.

“IP Cosmetics, Inc.” Design patent protection Bottle? Utility patent/Trade secret Formula/Active ingredient?

“IP Cosmetics, Inc.” Trademark protection Company name? – IP Cosmetics, Inc. Product name? – Breveté Domain name? – www.brevete.com Slogan? – “Beauty is brief…Breveté is forever.” Logo? Bottle?

“IP Cosmetics, Inc.” Copyright protection Bottle? Packaging for bottle? Advertising? Catalog? Demo video? Web site?

“IP Cosmetics, Inc.” Enforcement of rights, U.S. and abroad. Intellectual property theft and counterfeiting.

“IP Cosmetics, Inc.” The problems faced by IP Cosmetics, Inc., are typical of the kinds of problems facing all businesses today, regardless of size.

Trademark and Copyright Symbols Type Use when TM SM P Trademark Service mark Copyright Registered with U.S. Patent Office Not registered with U.S. Patent Office Necessary for copyrighted words created prior to 3-1-89; since 1980, optional for all works Sound recording copyright FUN STUFF

Websites Used www.webopedia.com www.ask.com http://beginnersguide.com/entpreneurship/intellectual-property http://www.ggmark.com http://www.wikipedia.com