Intellectual Property and Cyber Piracy

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Presentation transcript:

Intellectual Property and Cyber Piracy Chapter 22 Intellectual Property and Cyber Piracy

What Is Intellectual Property? Intellectual property includes objects such as inventions, writings, trademarks, etc. , which are often a business’s most valuable asset. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Trade Secrets A formula, design, customer list, or other secret that sets a business apart from competitors Uniform Trade Secrets Act Owner of a secret must take reasonable precaution to protect it. Defendant must have acquired a trade secret through unlawful means. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Protection for Intellectual Property Patents Copyrights Trademarks and other marks Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Patenting an Invention To be patented, the invention must be: Novel Useful Nonobvious Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

What Can Be Patented? Patentable subject matter includes: Machines Processes Improvements to existing machines, processes, or compositions of matter Designs for an article of manufacture Living material invented by a person Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

One-Year “On Sale” Doctrine Public Use Doctrine A patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Patent Infringement Unauthorized use of another’s patent A patent holder may recover damages and other remedies against a patent infringer. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Copyrights Protects tangible writings Examples of protected property include: Books Newspapers Musical compositions Motion pictures Maps Photographs Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright Infringement Infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Fair Use Doctrine The Fair Use Doctrine permits certain limited use of copyrighted material without permission. Examples of fair use include: Quote for review Parody or satire Academic Brief quote in news report Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Digital Millennium Copyright Act Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology. Prohibits the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protection. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Trademarks Trademark law is intended to: Types of marks Protect the owner’s investment and goodwill in a mark Prevent consumers from being confused as to the origin of goods and services Types of marks Trademark Service marks Certification marks Collective marks Federal Dilution Act Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Trademark Protection To qualify for protection The mark must be distinctive, or The mark must have acquired a secondary meaning. Trademark protection may be lost if a trademarked term becomes a generic name for similar products. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.