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Intellectual Property and Cyber Piracy
Chapter 22 Intellectual Property and Cyber Piracy
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What Is Intellectual Property?
Intellectual property includes objects such as inventions, writings, trademarks, etc. , which are often a business’s most valuable asset. Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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Protection for Intellectual Property
Patents Copyrights Trademarks and other marks Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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Patenting an Invention
To be patented, the invention must be: Novel Useful Nonobvious Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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Patent Infringement Unauthorized use of another’s patent
A patent holder may recover damages and other remedies against a patent infringer. Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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Copyrights Protects tangible writings
Examples of protected property include: Books Newspapers Musical compositions Motion pictures Maps Photographs Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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Copyright Infringement
Infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission. Copyright © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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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 © Pearson Education, Inc. Publishing as Prentice Hall.
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Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.
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