IST 432 Legal and Regulatory Environment of IST Chapter 10 PDF

IST 432 LEGAL AND REGULATORY ENVIRONMENT OF IST CHAPTER 10 Intellectual Property Law Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com. Learning Objective(s) and Key Concepts Learning Objective(s)...

IST 432 LEGAL AND REGULATORY ENVIRONMENT OF IST CHAPTER 10 Intellectual Property Law Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com. Learning Objective(s) and Key Concepts Learning Objective(s) Key Concepts Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com  Analyze intellectual property laws.  The importance of intellectual property law and legal ownership  Patents  Trademarks  Copyright  The Digital Millennium Copyright Act (DMCA) 1 Legal Ownership and the Importance of Protecting Intellectual Property  Intellectual property (IP)  The area of law that protects a person’s creative ideas, inventions, and innovations Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com once they are in a physical form  Property interest  The legal owner of property has the right to use it in any way he or she wants to, and the power to give those rights to another  Federal law recognizes the following types of IP:  Patents  Trademarks  Copyrights Patents Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Grant of a property right by the federal government to the inventor Issued by the U.S. Patent and Trademark Office (USPTO) Term of a new patent is 20 years from the date the patent was granted U.S. patent grants are effective only within the U.S. The right to exclude others from making, using, offering for sale, selling, or importing the invention into the United States Types of Patents Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Utility patents Plant patents Design patents 2 Patentability Requirements Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Non- Novel Useful Patentable Obvious Infringement and Remedies  Patent holder/inventor has exclusive right to keep others from using invention or Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com discovery  Protection begins when the patent is issued and lasts for as long as the patent is valid  Infringer is a person who violates the IP rights of another  Infringer has two basic defenses to an inventor’s claim of patent infringement:  The patent is invalid.  The patent is valid, but the alleged infringer did not violate the patent.  Remedies in an infringement case include injunctive relief and damages What Is the Difference Between Patents and Trade Secrets?  A trade secret is a common law concept that has been codified Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com under federal law and by many states  To establish a trade secret, the information that is to be protected must:  Have value  Be unknown  Be unascertainable  Be protected 3 Trade Secrets Formulas, processes, methods, and information that give a business a Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com competitive edge Trade secrets must: Have economic value to the business that protects it Must not be known outside of the business Be unascertainable; not easily duplicated or reverse-engineered Be protected; a business should use confidentiality and nondisclosure contracts when they share the information with others Protection for trade secrets does not expire Unauthorized use of confidential business information by persons other than the holder is regarded as an unfair practice and is a violation of the trade secret Trademarks and Servicemarks Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Word, name, symbol, or device that indicates source of product and Trademark distinguishes that product from others Same as trademark but identifies and distinguishes service rather than a product Servicemark Infringement and Remedies  Trademark infringement is a violation of a person’s trademark rights Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com  Trademark owner has the right to use the trademark in commerce in association with certain goods and services  Protection begins as soon as the owner starts using the trademark in commerce  Two main types of trademark infringement cases:  Use of a similar trademark that is confusing or deceptive to the customer  Use of a similar trademark that dilutes the value of a famous trademark  In a dilution case, trademark owner can sue for any use of a similar trademark that dilutes or tarnishes his or her trademark  Remedies in an infringement case include injunctive relief and damages 4 Copyright A form of protection provided by the laws of the United States Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Granted to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works Is secured automatically when the work is created A work must be both original and in a fixed form A work that is created on or after January 1, 1978, is automatically protected from the moment of its creation Protection is available for both published and unpublished works Copyright Term Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Author’s life Copyright term 70 years after death Rights of Copyright Holders Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Prepare Reproduce derivative works Publicly Distribute perform or copies or display the phonorecords work 5 Infringement and Remedies  Copyright holders have exclusive rights in the work that they create Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com  Rights arise when the work is created and continue for the length of the copyright  Federal government does not enforce copyrights; authors enforce their own rights and can sue people who infringe on their copyright  To pursue an action for copyright infringement, a plaintiff must:  Prove ownership of the copyright  Show that the defendant has infringed on that copyright  Copyright infringement cases are very rarely simple cases of a defendant directly copying a plaintiff’s work  Remedies for copyright infringement include court injunctions and damages What Is Fair Use? Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Important limitation to copyright Purposes for which the reproduction may be considered fair: Criticism Comment News reporting Teaching Scholarship Research Determining Fair Use Purpose and character of the use Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Nature of the copyrighted work Amount and substantiality of the work used Effect of the use upon the potential market 6 Fair Use Affects Owner’s Rights Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Distinction between fair use and Acknowledging the source of the infringement may be unclear and copyrighted material does not not easily defined substitute for obtaining permission Digital Millennium Copyright Act (DMCA) Contains provisions about technological measures Title I Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com used to protect electronic copyrighted works Limits the liability of online service providers for Title II copyright infringement by users Allows computer technicians to make a copy of a Title III computer program for maintenance or repair Title IV Contains miscellaneous provisions Title V Vessel Hull Design Protection Act Case Studies and Examples Trade Secrets Service Provider Liability Digital Collections for Copyright Infringement Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com Intel engineer Napster U.S. college and university research libraries formed the Stealing trade secrets Copyright infringement HathiTrust U.S. FBI investigation showed U.S. District Court for the that the engineer remotely Authors Guild sued for Northern District of California copyright infringement accessed the Intel system and downloaded highly sensitive found Napster provided Intel documents; however, the services that its users used to A federal district court stated FBI found no evidence that he engage in copyright that the HathiTrust’s activities had disclosed or used the infringement and that Napster did not violate copyright laws information that he profited financially from its under the doctrine of fair use downloaded from Intel users’ activities Upheld by the Second Circuit The engineer pleaded guilty to Napster shut down its service Court of Appeals charges of wire fraud and was in July 2001 and declared sentenced to 3 years in prison bankruptcy in 2002 7 Chapter 10 Summary  The importance of intellectual property law and legal ownership Copyright © 2022 by Jones & Bartlett Learning, LLC an Ascend Learning Company. www.jblearning.com  Patents  Trademarks  Copyright  The Digital Millennium Copyright Act (DMCA) 8