Chapter 1 OVERVIEW OF THE U.S. INTELLECTUAL PROPERTY SYSTEM by malj

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									       Chapter 1:
  OVERVIEW OF THE U.S.
INTELLECTUAL PROPERTY
       SYSTEM
      FREE IMITATION AND
        PUBLIC POLICY
u   Lower costs
                           u   Incentives for creation
u   Lower prices
                           u   Disclosure
u   Product improvements
        U.S. PATENT SYSTEM
u   Protects useful machines, processes, compositions
u   Protects designs
u   Protection against copying and independent
    creation
u   Registration
u   Novelty and non-obviousness standards
u   Very expensive
u    Patent Reform (America Invents Act) passed!
    U.S. COPYRIGHT SYSTEM
u   Protects expressions, but not ideas, processes, or
    systems.
u   No registration required, but recommended and
    very cheap.
u   Very long period of protection
u   Protects against copying but not independent
    creation
u    Protection for displays, performances,
    transmissions, adaptations, and more.
         Trade Secrets Policies
u   Rationales:
    • To stimulate the development of new
      inventions, techniques, and other creations
    • To preserve high moral standards of corporate
      conduct
u   Protection of valuable secret information
    from misappropriation
u   Reasonable security measures
    • Confidentiality agreements [“NDAs”] and other
      measures
        U.S. Trademark System
u   Protection of product symbols so customers
    are not confused as to source
u   Prevents unethical palming off
u   Reduces search costs
u   Product characteristics may be protected
u   Registration not required but beneficial
Technology Policies and the 1st Amendment –
          The New Battleground
u    Governments shall make no laws abridging the
    freedom of speech.
u    Technology policies often regulate the disclosure
    of information.
    •   Trade Secrets
    •   Copyrights
    •   Anti-circumvention laws -- DMCA
    •   Trademarks
    •   Indecency
    Some First Amendment Issues
u   Does the law regulate speech?
u   How much protection does the kind of speech
    involved receive under constitutional case law?
u   Is the law aimed at the speech or at the effects
    from the speech?
u   What is the government rationale for regulating
    the speech?
u   Can the speech be prevented before a complete
    hearing on the issues?
STAIR CLIMBER EXAMPLE

								
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