INTELLECTUAL PROPERTY

Objective 05.02

Intellectual Property Defined A product resulting from human

creativity, an original work fixed in a tangible medium of expression. Patents-Inventions Copyrights-Movies, Songs, Plays, Literary

Works, Choreography, Paintings, drawings,Photographs

Trademarks-Products and Services Trade Secrets-Formulas, Practice, Process,

Patterns Designs-Machines, Building, Products

Origin of Intellectual Property Constitution

“To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Article 1, Section 8, Clause 8

5 Types of Intellectual Property Copyrights Patents Trademarks Trade secrets Designs

Trademark and Copyright Symbols

Symbol Type Use when

TMSM

P

Trademark

Trademark

Service mark

Copyright

Copyright

Registered with U.S. Patent Office

Not registered with U.S. Patent Office

Not registered with U.S. Patent Office

Necessary for copyrighted words created prior to 3-1-89; since 1980, optional for all works

Sound recording copyright

Copyright

Copyright law protects the expression of an idea but not the underlying idea itself, i.e. composers, artists, photographers. Minimum term of life of author plus 70 years 95 years in case of anonymous or

pseudonymous works Published and unpublished works

Trade Secret Trade Secret law is protection under

state law against unauthorized use.

Trademark Trademark is a distinctive mark, symbol,

or slogan or any combination of these used by a business to identify goods and to distinguish them from products sold by others. Continuous use good forever. Renew every 10 years. General trademarks can be lost (Corn flakes

and aspirin)

Service Mark Service Mark is a trademark used to

identify a service rather than a product (SM).

Patent Patent law provides monopoly

protection for inventions. Protection much stronger than copyright. Holder has exclusive rights to produce,

use, sell the invention for a 17 year period. Must be an original idea. Cannot be renewed.

Piracy Software Piracy-The unauthorized

copying of software Bootlegging-illegal copying and selling CD’s.

Plagiarism-refers to the use of another's information, language, or writing, when done without proper acknowledgment of the original source

Types of Intellectual Property continued Design is the process of originating

and developing a plan for a new object (machine, building, product, etc.)

Clipart and Public Domain Clipart-is the use of images either

copied or physically cut from pre-existing printed works, either books that have entered the public domain.

Fair Use Fair use policy-refers to the doctrine,

which provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

Fair Use

•Fair use policy-A U.S. legal term for uses of content that is considered valid defenses to copyright infringement, such as for criticism or educational purposes.•Infringement-violation of a law or a right.

Other Types of Intellectual Property

Right of publicity and right of privacy-protects individual persons under state law against use of person’s likeness. (Identity theft)

Other Types of Intellectual Property continued

Trade dress law protects the appearance and image of a product or service Packaging size Shape Color

• Examples: décor, such as Outback Steakhouse chain

• Shape of a classic Coca Cola bottle

Websites Usedwww.webopedia.comwww.ask.comhttp://beginnersguide.com/entpreneurship/intellectual-

property/ http://www.ggmark.com/ http://www.wikipedia.com