Chapter 10 Marketing Information Management.docx

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Chapter 10 Marketing Information Management
10.1 Ideas & Ownership
- Intellectual Property basically falls into one of 4 categories: copyright, trademark, patent or trade secret
- Copyright protects the expression of an idea… not the idea itself
- Relatively easy to attain b/c it exists the moment an idea is fixed in tangible form and it doesn’t have to be
registered w/ governing authority
- Only requirement is that the expression of your idea needs to be original
- Creators are granted exclusive rights to their work and they can determine when it can be used
- Once copyright expires the work becomes part of public domain…. Anyone can use it
- Sometimes creators surrender their copyright to the publisher or distributor of their work
Can allow them to reach bigger audience
- Trademarks tell you where a good or service comes from by pointing to the original owner of a brand name or
- Trademarks are not limited in term (unlike copyrights and patents): as long as companies continue operating,
their trademark will remain part of their intellectual property portfolio
- Patent law protects unique processes or products for a limited amount of time
- Patents require an extensive application and examination process through a regulating body (government)
- When applying for patent protection, the creator must adequately demonstrate to patent examiners that the
idea is non-obvious and original
- Successful application = legal protection
Trade Secrets
- Aren’t always considered a form of intellectual property
- Since giving away sensitive info may harm the organization or its marketplace position, this law provides
basic protection of trade secrets
10.2 Real Property Vs. Intellectual Property
- Ultimate goal of intellectual property is to provide a balance between the rights of creator and everyone else
- Creator should be compensated for her intellectual output, but commons should also benefit from access to
creator’s ideas
- Intellectual property rights are designed to give creators the impetus to create by providing proper protection
so that society can benefit from their creations
- Intellectual property laws tend to reflect the laws for real property
- One major difference between intellectual property and real property is physicality
Real property = tangible but intellectual property isn’t
- In the physical world, real property can be stolen (car laptop, cell phone etc.)
- Since intellectual property doesn’t exist in physical form, it is impossible to steal; instead violations against
your intellectual property as classified as infringement
10.3 The Story of Copyright
- With increasing globalization, we face problem of cultural traditions when it comes to producing intellectual
- Western societies take individualistic approach while easterners take collectivist approach
- Approaches to intellectual property also differ according to the time period
- In more recent legislation, governments have continued t extend the length of protection afforded to copyright
- In 1998, The US passed the Digital Millennium Copyright Act (DMCA) marking the 1st major attempt to
adapt intellectual property legislation for the digital era
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