Warm Up What do you think a patent is?. INTELLECTUAL PROPERTY Objective 05.02.
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Transcript of Warm Up What do you think a patent is?. 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
Types of Intellectual Property continued
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pseudonymous works Published and unpublished works
Figure 7 Pantomimes and choreographic works
Figure 8 Dramatic works
Figure 6 Sculptured works
Figure 5 Graphic Works
Figure 4 Literary Works
Figure 1 Movie Picture Works
Figure 3 Musical Works
Figure 2 Sound Recordings
Works That May Be Copyrighted
Under the Copyright Act
Types of Intellectual Property 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.
Types of Intellectual Property continued
Trade Secret law is protection under state law against unauthorized use.
Types of Intellectual Property continued 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)
Types of Intellectual Property continued Design is the process of originating
and developing a plan for a new object (machine, building, product, etc.)
Types of Intellectual Property continued Service Mark is a trademark used to
identify a service rather than a product (SM).
You are the judge Julie Whitfield, a renowned musician,
copyrighted several productions. Seven years later, after she died, Tammy Barker started selling copies of her music. Can Barker legally sell the music scores? Please justify your answer using legal concepts.
Tasks You are to research and write a 1 – 2
page paper on the following: Walt Disney vs. Winnie the Pooh
• Search internet by typing in • Winnie the Pooh copyright case
Other Intellectual Property continued
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
Other Intellectual Property continued Clipart-is the use of images either
copied or physically cut from pre-existing printed works, either books that have entered the public domain.
Other Intellectual Property continued 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.
Other Types of Intellectual Property continued
Right of publicity and right of privacy-protects individual persons under state law against use of person’s likeness. (Identify 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
Other Intellectual Property Terms
•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.
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
Tasks
1. Go to mrcain.webs.com1. Download match logos activity2. Complete activity and then e-mail
back to me at [email protected]. Download patent PowerPoint
assignment information. Complete PowerPoint and e-mail to me when done.