1. © 2004 West Legal Studies in Business, a Division of Thomson Learning 13.1 Chapter 13 Intellectual Property and Technology

2. 13.2Quasi-Contracts Not contracts at all Law will not allow unjust enrichment Implied-in-fact contracts indicate that parties intended for contract to exist but the express language is not sufficient to create it

3. 13.3 Trade Secrets Information a person has that is used in a business that gives advantage over competitors who use it Types of trade secrets Product formulas, manufacturing processes, packaging, etc. Customer lists and price information Trade secret law is state and common law, not statutory and federal.

4. 13.4Copyrights Protects original works of authorship fixed in tangible medium Rights of copyright holder Types of copyright infringement DirectContributoryVicarious

5. 13.5Copyrights Federal law Defenses and loopholes Fair use ReleaseInfringement First sale doctrine Public domain

6. 13.6 Digital Millennium Copyright Act Applies federal copyright law to the Internet Creates four different safe harbors for online service providers Storing matter Linking matter Providing e-mail Caching

7. 13.7Trademarks Any word, letter, number, design, picture, or combination to designate someone’s goods Service marks Common law trademarks

8. 13.8 Trademark Dilution Lessening of the capacity of a famous trademark to identify and distinguish goods or services Can occur without likelihood of confusion Protects only famous, nationally- recognized trademarks

9. 13.9Cybersquatting When one person registers a trademarked name as an Internet domain name The Anticybersquatting Consumer Protection Act Identifies nine factors to guide courts in deciding if cybersquatting is in bad faith Prohibits holding someone liable as a cybersquatter if the defendant believed that the use of domain name was fair

10. 13.10Patents Legal monopoly conferred by the government When patent expires, the patentee loses rights to the invention Categories of patents MachinesProcesses Composition of matter Manufacture

11. 13.11Patents Patent Act specifies three conditions to determine if something is new: Item must not have been previously patented Item is not described by anyone else’s patent application Item must be made by someone else who has not tried to abandon or hide the item

12. 13.12 Violation of Patent Infringement Patent license Recovery

13. 13.13 Electronic Aspects of Intellectual Property Reno v. A.C.L.U. invalidated parts of the Communications Decency Act The Supreme Court ruled that free speech protections apply to the Internet Obscene speech and child pornography are not protected by the First Amendment

14. 13.14 International Protection of Intellectual Property Paris Convention for the Protection of Industrial Property Rights Berne Convention for the Protection of Literary and Artistic Works GATT/WTONAFTA

15. 13.15 Recap – Terms to Know Quasi-contracts Trade secrets Copyright protection Trademarks Functional patent protection Design patents Internet domain names