25-1 Chapter 7 Intellectual Property and Cyber Piracy.
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Transcript of 25-1 Chapter 7 Intellectual Property and Cyber Piracy.
25-1
Chapter 7Intellectual Property and Cyber Piracy
Introduction to Intellectual Propertyand Cyber Piracy
Federal law provides protections for intellectual property rights by means of: Patents Copyrights Trademarks
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 7-2
Trade Secret
Trade secrets Product formula Pattern Design Compilation of data Customer list or other business secret
Uniform Trade Secrets Act: Gives statutory protection to trade secrets
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Trade Secret
Lawsuits for misappropriation – brought against anyone who steals a trade secret Defendant must have obtained the trade secret
through unlawful means Discovery of trade secret by reverse engineering is
lawful A trade secret unprotected by the owner is not
subject to legal protection
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Trade Secret
Civil Trade Secret Law: Misappropriation of a trade secret A successful civil plaintiff can:
Recover profits made by offender Recover damages Obtain injunction prohibiting offender from
divulging trade secret
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Trade Secret
Economic Espionage Act Makes it a federal crime for any person:
To convert a trade secret to his or her benefit or for the benefit of others
Performing the above knowing or intending that the act would cause injury to the owner of the trade secret
Includes computer espionage Severe criminal penalties
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Patent
A grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time Intended to provide incentive for inventors to
make their inventions public Protects patented inventions from infringement Federal patent law is exclusive; no state patent
laws
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Patent
Subject matter that can be patented Machines Processes Compositions of matter Improvements to existing machines, processes, or
compositions of matter Designs for an article of manufacture Asexually reproduced plants Living material invented by a person
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Patent
Requirements for obtaining a patent An invention must be:
Novel Useful Nonobvious
Abstractions and scientific principles cannot be patented unless they are part of the tangible environment
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Case 7.1: U.S. Supreme Court Patent
Case Bilski v. Kappos, Director, Patent and Trademark
Office 130 S.Ct. 3218, 177 L.Ed.2d 792, Web 2010 U.S.
Lexis 5521 (2010) Supreme Court of the United States
Issue Is the petitioners’ claimed invention patentable?
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Patent
Patent period Utility patents – twenty years Design patents – fourteen years Patent term begins to run from the date the patent
application is filed The U.S. follows “first-to-invent” rule The invention or design enters the public domain
after patent period expires
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Patent
One-year “on sale” doctrine Public use doctrine Patents will not be granted if an invention was in
the public domain for one year prior to application filing
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Patent
Provisional patent application Filed by the inventor to obtain three months to
prepare a final patent application American Inventors Protection Act provides
provisional patent application
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Patent
Patent infringement Occurs when someone makes unauthorized use of
a patent Plaintiff may recover:
Money damages equal to royalty rate Other damages caused by the infringement Order for destruction of infringing items Injunction against infringer Treble damages for intentional infringement
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Copyright
Copyright Revision Act of 1976
Establishes the requirements for obtaining a copyright
Protects copyrighted works from infringement
Only tangible writings are subject to copyright registration and protection
Federal copyright law is exclusive
Copyright can be sold or licensed to others
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Copyright
Registration of copyrights Must be an original work Registered with U.S. Copyright Office Registration
Permissive Voluntary Done at any time during term of copyright
Registration permits a holder to obtain statutory damages for copyright infringement
Not required to use © or word “copyright”
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Copyright
Copyright period
Sonny Bono Copyright Term Extension Act
Individuals are granted copyright protection for their lifetime plus seventy years
Copyrights owned by businesses are protected for the shorter of either:
120 years from the year of creation
95 years from the year of first publication
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Copyright
Copyright infringement Occurs when a party copies a substantial and
material part of the plaintiff’s copyrighted work without permission
Successful plaintiff may recover: Profit made by the defendant from the
infringement Damages suffered by the plaintiff Order requiring impoundment and destruction Injunction preventing future infringement
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Copyright
Fair use doctrine Permits certain limited unauthorized use of
copyrighted materials
No electronic theft act Makes it a crime for a person to willfully infringe
on a copyright
Digital Millennium Copyright Act Makes it a crime to circumvent encryption
technology
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Trademark
Used to identify and distinguish goods of a manufacturer or seller or services of a provider from others Trade name Symbol Word Logo Design Device
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Trademark
Lanham (Trademark) Act
Protects the owner’s investment and goodwill in a mark
Prevents consumers from being confused as to the origin of goods and services
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Trademark
Registration of a mark Mark may be registered if it has been used in
commerce Can be registered six months prior to use
Mark is lost if not used within six months Mark may be opposed by third parties The use of the symbol ® is not mandatory
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Trademark
Types of marks Trademark Service Mark Certification mark Collective membership mark
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Trademark
Marks that cannot be registered
Flag or coat of arms of the United States, any state, municipality, or foreign nation
Marks that are immoral or scandalous
Geographical names standing alone
Surnames standing alone
Any mark that resembles a mark already registered with the U.S. PTO
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Trademark
Distinctiveness or secondary meaning A mark must be distinctive
A unique word or design Have acquired a secondary meaning
An ordinary term becomes a brand name
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Trademark
Trademark infringement: Unauthorized use of a trademark
Owner must prove that:
Defendant infringed the plaintiff’s mark by using it in an unauthorized manner
Use is likely to cause confusion, mistake, or deception
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Case 7.2: Trademark Infringement
Case Intel Corporation v. Intelsys Software, LLC Web 2009 U.S. Dist. Lexis 14761 (2009) United States District Court for the Northern
District of California Issue
Is there trademark infringement that warrants the issuance of a permanent injunction against Intelsys?
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Trademark
Generic names Term for a mark that has become a common term
for a product line or type of service and therefore has lost its trademark protection
Name becomes descriptive rather than distinctive
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Trademark
Diluting, blurring, or tarnishing trademarks Federal Dilution Act of 1995
Protects famous marks from dilution Use by other party is actionable if:
It is commercial It causes dilution of distinctive quality of
mark Types of dilution
Blurring Tarnishment
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Trademark
Trademark Dilution Revision Act A dilution plaintiff does not need to show that it
has suffered actual harm It only needs to show that there would be the
likelihood of dilution
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Case 7.3: Dilution of a Trademark
Case V Secret Catalogue, Inc. and Victoria’s Secret
Stores, Inc. v. Moseley 605 F.3d 382, Web 2010 U.S. App. Lexis 10150
(2010) United States Court of Appeals for the Sixth
Circuit
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Case 7.3: Dilution of a Trademark
Issue Is there tarnishment of the Victoria’s Secret senior
mark by the Moseleys’ use of the junior marks Victor’s Secret and Victor’s Little Secret?
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Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 7-33