FACC 220 Lecture Notes - Lecture 3: Brad Sherman, Intangible Property, Trade Secret
4 Feb 2018
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Document Summary
A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition. A commercially valuable product of the human intellect, in a concrete or abstract form, such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret. For example, when a person posts a letter to someone, the personal property in the ink and parchment is transferred to the recipient[t]he sender (as author) retains intellectual property rights in the letter. Lionel bently & brad sherman, intellectual property law 1-2 (2001) The protection of the rights to produce, reproduce, perform, transfer (tangible object), convert adapt and publish a work. Stated generally, copyright protects the expression of an idea (however, not the idea itself!) Who can claim ownership of copyrights? (s. 13 copyright act)
