1. Chapter 9 Internet Law and Intellectual Property
PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman
Chapter 9
Internet Law
and
Intellectual Property
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2. What Is Intellectual Property?
Intellectual property includes objects such as inventions, writings, trademarks, etc. , which are often a business’s most valuable asset.
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3. 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.
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4. Protection for Intellectual Property
Patents
Copyrights
Trademarks and other marks
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5. Patenting an Invention
To be patented, the invention must be:
Novel
Useful
Nonobvious
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6. 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
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7. 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.
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8. Patent Infringement Unauthorized use of another’s patent
A patent holder may recover damages and other remedies against a patent infringer.
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9. Copyrights Protects tangible writings
Examples of protected property include:
Books
Newspapers
Musical compositions
Motion pictures
Maps
Photographs
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10. Copyright Infringement
Infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission.
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11. 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
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12. 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.
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13. 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
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14. 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.
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15. Length of Terms Patent Copyright Trademark
Manufactured articles and processes: 20 years
Design patents: 14 years
Copyright
Individual registrant: life of the author plus 70 years
Business registrant: the shorter of either 120 years from the date of creation or 95 years from the date of publication
Trademark
Original registration 10 years
Unlimited number of renewals for 10-year terms
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16. Internet Law Electronic Communications Privacy Act
Protects stored as well as transmissions
Internet Service Provider (ISP)
Not a “publisher” for purposes of criminal activities
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