Textbook Notes (362,755)
United States (204,198)
Boston College (1,157)
BSLW 1022 (2)
powers (2)
Chapter 10

Chapter 10 Detailed Textbook Outline.docx

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Boston College
Business Law
BSLW 1022

Chapter 10­Intellectual Property Rights and the Internet   Intellectual Property Laws o Intellectual property=work product of the human mind o Real estate/real property and personal property do not fall under intellectual property o Types…  Trademarks-image of a company (goods) • Service marks-images of goods • Trade dress-packaging/appearance of a product  Copyrights-protects books, music, art, computer software  Patents-protection for design of an invention  Trademarks, copyrights, and patents are all covered by federal law • Exclusive jurisdiction  Trade secrets are protected by state law • Trade secrets-non-public process or technology that gives competitive edge • If trade secret becomes public you can seek injunction o Sonny Bonno Copyright ExtensionAct  Increased protection length for life +70 years o Work-for-hire  120 years from creation or 95 years from publication o injunction’s primary focus is to avoid consumer confusion  enforced by courts  permanent injunction=forevermore  preliminary injunction=stop before trial b/c plaintiff will suffer irreparably 1. Trademarks and service marks grant a producer the exclusive right to register a trademark and prevent competitors from using that mark. a. Marks can be registered based on their distinctiveness i. Coined or fanciful,Arbitrary, and Suggestive marks can all be registered on the Principal Register under he LanhamAct ii. Descriptive marks need supplementary evidence tying to a single commercial source. This is known as acquired distinctiveness or secondary meaning. iii. Generic marks are never registrable because they do not have a capacity to serve as a source identifier. (pg. 192-3) b. The Madrid System of International Registration of Marks allows for trademarks registered in the US to be protected internationally in participating countries. c. Trade dress involves a product’s total image and, in the case of consumer goods, includes the overall packaging look in which each product is sold. (pg. 198) d. Product design can be protected as trade dress under the LanhamAct provided a qualified unregistered trademark does not provide all the 2 Chapter 10 protection available to the holder of a registered trademark. This includes the dressing of a product and protection against knockoffs. (pg. 198) e. You can lose your right to these markers through abandonment of it into the generic, such as nonuse for 3 consecutive years. (pg. 198) 2. Copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work. It prevents not the copying of an idea, but the way the idea is expressed (duplication of words, pictures, etc.). (pg. 200) a. The duration of a copyright owned by a works creator is of the life of the creator plus 70 years, but if it is a work made for hire the duration is 120 years from creation or 95 years from publication, whichever is shorter. (pg. 201) b. Works published after March 1, 1989 no longer need to contain a notice of copyright. (pg. 202) c. The rights of a copyright holder include… i. Right to reproduce the work ii. Prepare derivative works iii. Distribute copies of recordings of the work iv. Publicly perform the work v. Publicly display the work (pg. 202) d. Fair use exception to copyrights allows limited use of copyrighted material in connection with criticism, news reporting, teaching, and research. The 4 important characteristics to judge this are… i. Purpose and character of the use (is it nonprofit educational or commercial?) ii. Nature of copyrighted work iii. Amount and substantiality of the portion used in relation to the copyrighted work as a whole iv. Effect of the use on the potential market for or value of the copyrighted work (pg. 203) e. Whomever is addressed in the contract owns copyrightable software created by employees. (pg. 202) 3. Patents protect inventors just like authors protected under copyright law. (pg. 206) a. 3 types of patents… i. utility patents-inventions that grant inventors any new/useful process, machine, manufacture, or composition of matter ii. design patents-new and nonobvious ornamental features that appear in connection with an article of manufacture iii. plant patents-protects inventors of asexually reproduced new varieties of plants (pg. 206-7) b. The patent owner must mark the patented item/device using the word patent and list the patent number on the device. (pg. 207) c. 4 characteristics for patent eligibility i. processes ii. machines iii. manufactures Chapter 10­Intellectual Property Rights and the Internet  iv. compositions of matter (pg. 207) d. prior art is a defense saying that the invention would have been obvious to a person of ordinary skill in the art when the invention was patented (pg. 207) e. Trade secrets, formula device, or compilation of information that is used in one’s business and is of such a nature that it provides an advantage over competitors who do not have the information, are patentable business methods. (pg. 210) 4. Secret business information, trade secrets, are protected under state law. (pg. 210) a. Trade secret-formula, device, or compilation of information that is used in one’s business and is of such a nature that it provides an advantage over competitors who do not have the information (pg. 210) b. Trade secrets can be protected through limited disclosure to employees and nondisclosure of agreements. It is also protected under the federal Industrial EspionageAct of 1996. (pg. 210) 5. The Computer Software Copyright Act of 1980 and patents protect computer software and mask works. (pg. 211) a. The disadvantage of patenting a computer program is that the program is placed in the public records and may be examined by anyone, which makes it possible for the program to be copied. b. Restrictive licensing-licensing of products instead of selling that p
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