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Published byElisabeth Reeves Modified over 9 years ago
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Intellectual Property & Ecommerce Issues
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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
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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
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Types of Patents Utility patents Design patents Plant patents
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Infringement Direct Indirect Contributory
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Defenses against Patent Infringement Non-infringement Invalidity Misuse
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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
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Infringement Unauthorized use Exceptions: –fair use –look and feel debate
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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
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How trademarks work You must use them they need not be registered, but registration increases your protection an abandoned trademark is lost
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Infringement Elements: –validity of the mark –priority use of the mark –confusion in the minds of purchasers
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Trade Secrets Governed under state law Must actively protect a trade secret: –notification –identification –security –exit interviews
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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
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Legal Risk and the Internet E-Mail –Raises free speech risks –Raises invasion of privacy risks –Raises contract risks (is an e-mailed offer an offer? What if it is forwarded?) Electronic signature UCITA – who owns the software you buy
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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)
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Legal Risk and the Internet What about legal issues we haven’t considered yet?
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