Chapter 17-Intellectual Property Protection

Intellectual Property Rights  There are various forms of Intellectual property rights (IP rights) and they include: Patents Patents Copyrights Copyrights Trademarks Trademarks Trade Secrets Trade Secrets Trade Names Trade Names Domain Names Domain Names

Length of Terms Patent Patents on articles of manufacturer and processes: 20 years Design patents: 14 years Drugs: approx years Copyright Individual registrant: life of the author plus 70 years Business registrant: for the shorter of either 120 years from the date of creation or 95 years from the date of publication Trademark Original registration 10 years Renewal registration: unlimited number of renewals for 10-year terms

Patent Infringement  This is when one’s patent rights are used by others without the express permission of the patent holder.  A patent holder may recover damages and other remedies against a patent infringer that includes “disgorgement of profits” (taking the profits way from the infringer)  Patents must be filed.

Copyright Infringement  Copyright holders can sue those who use their works without permission or authorization.  A copyright holder can recover damages which also include “disgorgement of profits”.  Copyrights attach automatically when the work is created and no filing is necessary. However it is advisable to file for a copyright so that the creator has a legal presumption in court that they were the 1 st in time and creator should there be litigation.

The Fair Use Doctrine  The copyright holder’s rights in the work are not absolute and there are times when use of the copyright work is legal. The main legal theory in this are is called the “Fair Use Doctrine”.  This law permits certain limited unauthorized use of copyrighted materials under the following exceptions:

Elements of Fair Use Doctrine The following are protected under this doctrine: 1. Educational uses or quotations for scholarly or technical work. 2. Parody or satire work. 3. News reports that offer a brief quotation of the work.

Elements of Fair Use Doctrine 4. Reproduction by a teacher or student of a small part of the work to illustrate a lesson. 5. Minor, incidental reprinting of copyrighted work in a news story or broadcast of an event being reported. 6. Legislative or judicial reproduction for legal reasons (case writing, passing laws etc..)

Trademark Law  The original registration of a mark is valid for 10 years and renewed for additional 10 years. It is federally registered at the US Patent and Trademark Office ( and often registered on a state level also. For Example: In Florida the Secretary of State’s Office registers trademarks (  The symbol ® signifies a registered trademark (related to a good) and the “sm” is for service mark (related to a service).

Trademark Infringement  Third parties are liable for unauthorized use of trademarks and may be ordered to “disgorge” all profits.  The owner may stop an infringing activity if they prove that: The defendant infringed the plaintiff’s mark by using it in an unauthorized manner, and The defendant infringed the plaintiff’s mark by using it in an unauthorized manner, and Such use is likely to cause confusion, mistake, or deception of the public as to the origin of the goods or services. Such use is likely to cause confusion, mistake, or deception of the public as to the origin of the goods or services.

Acceleration Clause