Intellectual Property PPT 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...

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  Protects consumers  Discourages counterfeiting and piracy  Anti-dilution statutes Categories of IP  Trademarks  Patents  Copyright  Basic Facts: Trademarks, Patents, & Copyrights  Trademarks  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  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  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 Patent Infringement  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 :  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 Collecti on  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.) Creative Commons Licenses  What do CC lice nses do ? (2A)  Types of Licenses  CC BY  CC BY-SA  CC BY-ND  CC BY-NC  CC BY-NC-SA  CC BY-NC-ND (7)  CC Types of Licenses  Attribution (CC BY)  Distribute, remix, commercial use permitted as long as credit for original creation is given  Attribution-ShareAlike (CC BY-SA)  Distribute, remix, commercial use permitted as long as credit for original creation is given & new creation licensed under identical use terms  Attribution-NoDerivs (CC BY-ND)  Distribute, commercial or otherwise, as long as unchanged and credit is given  Attribution-NonCommercial (CC BY-NC)  Permits non-commercial remix as long as credit is given, no derivative licensing required  Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)  Permits non-commercial remix as long as credit is given & new creation licensed under identical use terms  Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)  Permits downloading & sharing as long as credit is given; no remixing or commercial use allowed  Fair Use  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 The use of which graphic carries the most risk? 📚✏️📖📎📓📋   Image Credits: Credits  (1) Graphic courtesy of the CEB & the University of California  (2) Logos & trademarks property of respective companies **All  (3) Graphics courtesy of the U.S. embedded Patent & Trademark Office & public images domain courtesy of Wikimedia subject to  (4) PD graphic obtained courtesy of copyright & WIkimedia should be  (5) Trademark property of the U.S. not Copyright Office reproduced or  (6) Emojis property of Apple distributed  (7) Graphic courtesy of the Creative without Commons permission*  Video Credits: *  (1A) Property of U.S. Patent & Trademark Office  (2A) Property of the Creative Commons Application: Practice Hypo  Come up with a single hypothetical invention that qualifies for at least 2 or 3 types of IP protection. Explain, in detail, how that invention qualifies for each type of protection. 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