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Protecting Intellectual Property

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Protecting Intellectual Property Powered By Docstoc
					PROTECTING INTELLECTUAL
PROPERTY
Chapter 42
    Intellectual Property - 4 Types

•   Patents - Inventions


•   Copyrights – Creative Expression
                Must exist in tangible form


•   Trademarks – Business names, symbols


•   Trade Secrets – Methods, formulas of value.
Patents
•   An exclusive right, granted by the government,
    to produce, use and sell an invention or process.

•   To apply for a patent you need:
      •   In-depth description
      •   Drawing
      •   Declaration for Patent Application
      •   Statement claiming that the person applying is the
          original inventor
      •   Application Fees + Lawyer Fees.
  Patents – 3 Types

1. UTILITY – “New and useful process, machine,
   article of manufacture or any new useful
   improvement”
      – Lasts 20 Years

     Key Criteria: “Useful” , “New”,
                     “Non-obvious”
Patents – 3 Types
2.   DESIGN - “New, original and ornamental design
     for an article of manufacture”
        - Protects the way something looks
                (Coke bottle, jewelry, etc.)
        -Lasts for 14 years

3.   PLANT PATENT – Distinct Plant type
       -Multi-colored rose
       -Lasts 20 years
    Trademarks
•   A legally protected name, symbol or design that
    identifies the goods or services of a seller.

•   Obtain rights by using it and applying TM.
    SM for service mark.

•   Additional protection by registering with U.S. Office of
    Patents and Trademarks. ®

•   Test for violation or infringement is whether there is
    confusion on the source of the product or service.
                                Trademark Auction
    Trademarks

•   Obtain rights by using it and applying TM.
    SM for service mark.

•   Additional protection by registering with U.S. Office of
    Patents and Trademarks.

•   Test for violation or infringement is whether there is
    confusion on the source of the product or service.
 Copyrights

The exclusive legal right to artistic or scholarly work.
  Includes the right to reproduce, create various versions
  and perform the work publically.

- Lasts the author’s life plus 70 years.

- After that, it becomes public domain
    Copyright Protection

   File with the U.S. Copyright Office
   Need to file with each country.
   Licensing = Transferring your rights for a fee.
    Electronic Rights & Digital Millennium
    Copyright Act
•   Prevents illegal copying and distribution of software
    and digital recordings.

•   Crime to circumvent anti-piracy measures

•   Crime to sell devices that illegally copy software.

•   Webcasters must pay licensing fees to record
    companies.
Trade Secrets
Methods, formulas, other kinds of information with
 business value and derive value from being kept
 secret.
     Coke formula, Mrs. Fields Cookies, Oreo

Must take steps to protect
      -Confidentiality agreements
      -Limited exposure
Using Intellectual Property
   Ask permission.

   Ask for a license.

   Buy it.

   Hire someone to create it for you.
Public Domain
   Ideas/expressions not protected after patents and
    copyrights expire.
Fair Use
•   Do not need to obtain permission for “fair use” of the
    work e.g. reporting, teaching, research.

•   Determined by:
    –   Purpose and character of use
    –   The amount used in relation to the work as a whole.
    –   The effect of the use on the on the potential market for, or
        the value of the copyrighted work.

				
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