Intellectual Property & Ecommerce Issues

What is Intellectual Property? Any product or result of a mental process that is given legal protection against unauthorized use: –patents –copyrights –trademarks –trade secrets

Patents –Available for inventions and the process necessary to create inventions machine, process,article or substance novel useful inventor must apply for the patent inventor must diligently seek the patent

Types of Patents Utility patents Design patents Plant patents

Infringement Direct Indirect Contributory

Defenses against Patent Infringement Non-infringement Invalidity Misuse

Copyrights Original work in the form of: –literary works –musical works –dramatic works –pantomimes and choreographic works –pictorial, graphic and sculptural works –motion pictures and other audiovisual works –sound recordings

Infringement Unauthorized use Exceptions: –fair use –look and feel debate

Trademarks (and Service Marks) Any word, name, symbol or device...adopted and used to identify and distinguish products or services. –Rankings fanciful arbitrary suggestive descriptive colors

How trademarks work You must use them they need not be registered, but registration increases your protection an abandoned trademark is lost

Infringement Elements: –validity of the mark –priority use of the mark –confusion in the minds of purchasers

Trade Secrets Governed under state law Must actively protect a trade secret: –notification –identification –security –exit interviews

ECommerce Issues Intellectual Property and Technology Go Hand-in-hand But, the Internet is much more than just technology –It is a new medium with new risks –It is also a new medium that raises old risks in new ways

Legal Risk and the Internet –Raises free speech risks –Raises invasion of privacy risks –Raises contract risks (is an ed offer an offer? What if it is forwarded?) Electronic signature UCITA – who owns the software you buy

Legal Risk and the Internet Naming your website –Domain names can be trademarked –Using someone else’s domain name inappropriately may be a tort or crime (cybersquatting)

Legal Risk and the Internet What about legal issues we haven’t considered yet?