McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 24 Intellectual Property

24-2 TRADE SECRET PROTECTIONS Trade secret protections are provided by state statutes and/or state common law. The Uniform Trade Secrets Act (UTSA) defines trade secrets as information or articles that are to be kept secret because of its particular value.

24-3 SOURCE OF LAW-TRADEMARKS Lanham Act prohibits the use in commerce, without the mark holder’s consent, of any protected trademark in a way likely to cause consumer confusion.

24-4 TRADEMARKS A trademark is a word, symbol, or phrase used to identify a particular seller’s products and distinguish them from other products. For example, the word Nike and the Nike “swoosh” symbol identify shoes made by Nike and distinguish them from others.

24-5 COPYRIGHT LAW Fundamentally, in order to gain copyright protection, a work must meet a three-part test: (1) originality, (2) some degree of creativity, and (3) fixed in a durable medium.

24-6 Copyright Protection Periods Sole author or originator-70 years from death. More than one author or originator-70 years from the death of the last surviving author. Publisher or work for hire-first of:  (1) 120 years from the date of creation, or  (2) 95 years from the date of publication.

24-7 Copyrights in the Digital Age Audio Home Recording Act Digital Millennium Copyright Act File Sharing

24-8 FUNDAMENTALS OF PATENT LAW In order to obtain a patent, an invention must be: novel, nonobvious, proper subject matter for protection.

24-9 Protection Period 20 years from date of filing Except for design patents-14 years

24-10 Novelty Standard An invention or process must be unique and original, and a patent applicant must show that no other identical invention or process exists.

24-11 Patentable Subject Matter Standard The patentable subject matter standard bars laws of nature, natural phenomena, and abstract ideas from being patentable.

24-12 Legal Implications in Cyberspace Computer Programs Internet Business Method Patents

24-13 learning outcomes checklist Define a trade secret and other protectable business information and articulate the various legal implications for misappropriation of that information Classify trademarks marks based on their level of distinctiveness Express how federal laws aimed at regulating trademarks in cyberspace apply to domain names.

24-14 learning outcomes checklist Identify and understand the impact of trademark infringement and dilution Articulate the fundamental requirements for copyright protection, the legal ramifications of copyright infringement, and the impact of technology on copyright law.

24-15 learning outcomes checklist Apply the fair use defense and give examples from case law Explain the process for obtaining and maintaining a patent and articulate the basic requirements for an invention to have patent protection Identify and understand the remedies for acts of patent infringement.