Chapter 5 Intellectual Property & Internet Law

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Presentation transcript:

Chapter 5 Intellectual Property & Internet Law

Learning Objectives What is Intellectual Property? Why are trademarks and patents protected by law? What laws protects authors’ rights in works they produce? What steps have been taken to protect intellectual property rights in the digital age?

Introduction Intellectual Property (I.P.) is any property that is the product of an individual’s mind, e.g, books, software, movies, music. U.S. Constitution protects I.P. in Article I Section 8. Congress shall “promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries.” Ownership of I.P. is strategically important in the global economy.

Trademarks & Related Property Distinctive motto, mark or emblem Stamped or affixed to a product So that it can be identified in the market. Statutory Protection for Trademarks Federal Lanham Act of 1946 Federal Trademark Dilution Act of 1995

Trademarks & Related Property Trademark Registration U.S. Patent and Trademark Office www.uspto.gov gives notice to 3rd parties. A mark can be registered if in use or mark will be used within 6 months. Trademark Infringement Unintentional or intentional substantial copying of mark. Strong marks vs. generic terms.

Trademarks & Related Property Service Mark Similar to trademark but used for services. Includes characters in TV and radio. Trade Names Applies to a business (not a product). Trade Dress Image and appearance of a product or shop (Example: Starbucks coffee stores)

Cyber Marks Trademarks in Cyberspace Domain Names Cybersquatting Trademarks in Cyberspace (example: Nike.com) Conflicts—ICANN Cybersquatting Occurs when 3d party registers a domain name that is the same or similar to another company’s own trade name. 1999 Anticybersquatting Consumer Protection Act

Cyber Marks Meta Tags Online Trademark Dilution Keywords in web pages used by internet search engines. Playboy vs. Calvin Designer Label Online Trademark Dilution Trademarks can be diluted on the web. Hasbro v. IEG (over candyland.com)

Patents Patent Patents for: A Government monopoly that Gives inventor the exclusive right to Make, use or sell and invention for 20 years. Patents for: Invention Design Process (software patent)

Patents Infringement Business Process Patents Manufacture, use or sale of another’s product or design without permission (license). Business Process Patents 1998 State Street Bank v. Signature Financial ruled that a method of doing business could be patented. Amazon.com’s “one-click” patent.

Copyrights Copyright: Intangible property right granted by federal statute to the author for life plus 70 years. Automatic protection. Work must be original and “fixed in a durable medium.” Ideas are not protected, but the expression of an idea is.

Copyrights Infringement Exception: “Fair Use” Copyright for Software Form or expression is copied (does not have to be in its entirety) Penalties, damages and criminal action are possible. Exception: “Fair Use” Certain persons or organization can copy materials without penalty (e.g., education, news, research) Copyright for Software

Copyrights in Digital Information Digital media can easily be copied. Copyright Act of 1976 Copy of a program into RAM is infringement. Revision or re-sale of freelance authors works can be infringement. NY Times v. Tasini (2001). MP3 and File-Sharing. Napster vicariously liable for infringement.

Trade Secrets Trade secrets are confidential, not filed with the government. Can be customer lists, formulas, pricing, etc. Theft of trade secrets is now a federal crime under the Economic Espionage Act of 1996. Cyberspace: employees can easily email information to competitors.

Licensing Allows a third party to lawfully use a patent, trademark, copyright or trade secret. The licensee pays the licensor (the owner of the IP) a fee for use. U.C.I.T.A. is a uniform code that licenses the use of software.

International Protection Berne Convention (1886) TRIPS Agreement (1994) Each member must include domestic laws protecting intellectual property of other nation-members World Intellectual Property Organization (WIPO) (1996) Provides for Dispute resolution