Intellectual Property PDF

Intellectual Property  What is Intellectual Property? Intellectual property refers to creations of the mind: Inventions Literary & artistic works including books, movies, music, apps, software Designs & symbols Names & images Intellectual Propert...

Intellectual Property  What is Intellectual Property? Intellectual property refers to creations of the mind: Inventions Literary & artistic works including books, movies, music, apps, software Designs & symbols Names & images Intellectual Property Protection Reasons for IP protection: Rewards creativity and progress Incentivizes production Loading… Protects consumers Discourages counterfeiting and piracy Anti-dilution statutes Categories of IP differences between Trademarks them Patents Copyright Basic Facts: Trademarks, Patents, & Copyrights  Trademarks Loading… Trademark: A distinctive mark or motto used by a * manufacturer to identify or indicate a good’s source. Trademark Registration Trademarks can be registered with the state or federal government To register for federal protection, file application with the U.S. Patent and Trademark Office (USPTO) Application must contain: A clear reproduction of a distinctive mark, including any colors, forms or three-dimensional features List of goods or services to which the sign would apply Must neither mislead or deceive A mark can be registered if it is currently used in commerce or will be within six months  Distinctiveness A trademark must be sufficiently distinct to enable identification Strong Marks Fanciful, arbitrary, or suggestive marks are protected as inherently distinctive without demonstrating secondary meanings Secondary Meaning Descriptive and geographic terms or personal names that are not inherently descriptive must include a secondary meaning or special association Generic Refer to an entire class of products and receive no protection even with a secondary meaning  Related Protections * Service Mark: A trademark used to distinguish services Certification or Collective Mark Trade Dress: The image & overall appearance of a product Trade Names: Business name, may be the same as the business’ trademark  Trademark Infringement recognize Once successfully registered with the USPTO, the registrant may use the symbol to put others on notice If the trademark is copied, either entirely or to a substantial degree, it has been infringed– regardless of whether the infringement was intentional or not Infringement Remedies Injunction & possible destruction or goods bearing TM. Under the Lanham Act, actual damages and profit disgorgement also available Cybermarks Domain Names Internet Corporation for Assigned Names and Numbers (ICANN) oversees distribution Anticybersquatting legislation Trademark Dilution occurs when a TM is used w/o authorization; does not require proof that consumers are likely to confused by a non-existant connection between products  Patents * Loading… A patent is an exclusive grant from the government that prohibits others from making, using, or distributing an invention. Patent Registration USPTO application * Protects inventions Must have practical use Must include an element of “novelty” - Anything is patentable except The laws of nature Natural phenomena Abstract ideas iden Patent Infringement identify If a firm makes, uses, or sells another’s patented design or process without permission May occur even though the patent owner has not put the patented product into commerce Does not require all features or parts to be copies unless infringing on a process No patent infringement occurs when a product is made and sold in another country If infringement occurs, may sue in federal court for injunction and/or damages  Copyrights & Copyright laws grant authors, artists and other creators protection for their literary and artistic creations.  Copyright Registration Register with the U.S. Copyright Office Copyright symbol not required What is Protected? Original tangible works : identies Literary Works (books, poems, newspapers, etc.) Music Dramatic works Choreography Pictorial, graphic, sculptural work Movies and multimedia Sound recordings Architecture Compilations Software This PPT! How is a Work Protected? Copyright owner has the exclusive right: To use To reproduce To distribute To perform Copyright Infringement - Infringement can include any amount of copying and does not have to be exactly the same as the original If a copyrighted work is used without permission, the copyright holder may sue for injunction and/or damages The infringer may also be subject to criminal penalties What material can be used? Works in the public domain or ones where copyright has expired Exact reproductions of public domain works (images) Works that grant permission Works that fall under a use exception  Public Domain / Expired © * Published/released before 1929 public domain Created on or after January 1, 1978 protected for author’s life plus 70 years Protected regardless of whether they have a copyright notice Published between 1929 – December 31, 1977 protected as long as work had notice of copyright If no copyright notice public domain Created on or after January 1, 1978 as product of corporate authorship protected for 95 years from publication OR 120 years from creation (whichever is longer)  Public Domain Libraries General Collections Free-Images.com Flickr.com (no copyright restrictions filter) Etc. **Beware CC0 images Government Resources Government Archives US National Park Service Historic Photograph Collection NOAA Photo Library Library of Congress (**Beware some images still under copyright) & Others Works that Grant Permission Works covered by a license that permits use Works that explicitly allow non-profit use without permission Works made available through a commons or institutional repository Institutional Repositories OpenDOAR (opendoar.org) Directory of Open Access Repositories Creative Commons (creativecommons.org) CC0 licenses Includes Wikimedia Commons, Google Images, Flickr, & others Public Library of Science (plos.org) & More (Universities, libraries, etc.)  Fair Use basic A A copyrighter may avoid liability if they can show use fits into the category of “fair use” by evaluating the following factors: Purpose & character of the use, including whether it is of a commercial nature or is for nonprofit educational purposes Nature of the copyrighted work Amount & substantiality of portion used in relation to the copyrighted work, and Effect of the use upon the potential market for or the value of the copyrighted work Trade Secrets & Trade secrets are information of commercial value Customer lists, plans, research and development, pricing information, marketing methods, production techniques, etc. Generally not protected under trademark, patent, or copyright law Protected under Tort law, the Uniform Trade Secrets Act, and the Economic Espionage Act Famous Examples How It’s a Wonderful Life Entered the Public Domain... The Left The Curious Case of It’s a Wonderful Life Disney Loses Famous Mickey Mouse Copyright in 2024