Need by tomorrow!

profileStuntman
1305075447_446945.ppt
Home>Business & Finance homework help>Management homework help>Need by tomorrow!

FUNDAMENTALS OF BUSINESS LAW, 10E

ROGER LEROY MILLER

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

CHAPTER 5

INTELLECTUAL PROPERTY

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

LEARNING OBJECTIVES

What is intellectual property?

Why is the protection of trademarks important?

How does the law protect patents?

What laws protect authors’ rights in the works they create?

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

LEARNING OBJECTIVES (CONT’D)

What are trade secrets, and what laws offer protection for this form of intellectual property?

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

INTRODUCTION

  • Intellectual property is any property resulting from intellectual, creative processes, such as books, software, music, apps.
  • Businesspersons need to protect their intellectual property globally.
  • Consider, for instance, the importance of intellectual property rights to technology companies.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • A trademark is a distinctive word, symbol, or design that identifies the manufacturer as the source of the goods and distinguishes its products and services from those made or sold by others.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

*

TRADEMARKS AND RELATED PROPERTY

  • Generally, to be protected, a trademark must be sufficiently distinctive from all competing trademarks.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

*

TRADEMARKS AND RELATED PROPERTY

  • Statutory Protection of Trademarks
  • Lanham Act of 1946
  • Federal Trademark Dilution Act of 1995
  • The Lanham Act was enacted in part to protect manufacturers from losing business to rival companies that used confusingly similar trademarks.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • The Lanham Act incorporates the common law of trademarks and provides remedies for owners of trademarks who wish to enforce their claims in federal court.
  • Many states also have trademark statutes.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

*

TRADEMARKS AND RELATED PROPERTY

  • Trademark Registration
  • Trademarks may be registered with the state or federal government.
  • To register with the federal government, one must file with the U.S. Patent and Trademark Office in Washington, D.C. This gives nationwide notice that the trademark belongs exclusively to the registrant and allows use of the symbol ®.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • Trademark Infringement
  • Occurs when one uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, trade name, or trade dress of another without permission when marketing goods or services.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • Distinctiveness of the Mark
  • Only trademarks deemed sufficiently distinctive from all competing trademarks will be protected by the Lanham Act.
  • Strong marks—fanciful, arbitrary, or suggestive trademarks are considered most distinctive
  • Suggestive trademarks—bring to mind something about a product without describing the product directly
  • Secondary meaning—arises when customers associate a specific term or phrase with specific trademarked items
  • Generic terms—refer to an entire class of products and do not receive protection

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • Service, Certification, and Collective Marks
  • Service mark is a trademark that is used to distinguish services (rather than products).
  • Certification marks include “UL Tested.”
  • Collective mark is a certification mark when used by members of an organization.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADEMARKS AND RELATED PROPERTY

  • Trade Dress
  • Trade dress refers to the image and overall appearance of a product.
  • Counterfeit Goods
  • Imitate trademarked goods but are not genuine

Trade Names

Trade name indicates part or all of a business’s name.

Licensing

Licensing is an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • A patent is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years (fourteen years for a design patent) from the date when the application for a patent is filed.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • In 2011 Congress passed the America Invents Act. Now the first person to file an application for a patent on a product or process will receive patent protection.
  • The law established a nine-month limit for challenging a patent on any ground.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • Searchable Patent Databases
  • Patents can be registered at the U.S. Patent and Trademark Office (www.uspto.gov).
  • What Is Patentable?
  • To be patentable, an invention (or a discovery, process, or design) must be genuine, novel, useful, and not obvious in light of current technology.
  • Computer software may be patented.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • Almost anything is patentable, except the laws of nature, natural phenomena, and abstract ideas (including algorithms).
  • Even business processes or methods are patentable if they relate to a machine or transformation.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • Patent Infringement
  • Occurs when one uses or sells another’s patented design, product, or process without the patent owner’s permission.
  • The patent holder can sue the infringer in federal court and request an injunction. He or she must prove irreparable injury to obtain an injunction against the infringer.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

PATENTS

  • Remedies for Patent Infringement
  • The patent holder may sue for relief in federal court.
  • The patent holder can seek an injunction against the infringer and also request damages for royalties and lost profits.
  • The patent holder can also request damages and attorneys’ fees. If the infringement was willful, the court can grant treble damages.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • A copyright is an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions.
  • What Is Protected Expression?
  • Works that are copyrightable include books, records, films, artworks, architectural plans, menus, music videos, product packaging, and computer software.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • The Copyright Act of 1976, as amended, governs copyrights.
  • Works created after January 1, 1978, are automatically given statutory copyright protection for the life of the author plus 70 years.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • Copyrights owned by publishing companies expire 95 years from the date of publication or 120 years from the date of creation, whichever is first.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • Copyrights can be registered with the U.S. Copyright Office in Washington, D.C. (www.copyright.gov).
  • A copyright owner no longer needs to place a © or Copyright on the work, however, to have the work protected against infringement.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • Copyright Infringement
  • Occurs whenever the form or expression of an idea is copied without the permission of the copyright holder.
  • An exception applies if the copying is deemed a “fair use.” Courts determine whether a particular use is fair on a case-by-case basis, as the guidelines are very broad.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

COPYRIGHTS

  • Copyright Protection for Software
  • In 1980, Congress passed the Computer Software Copyright Act, which amended the Copyright Act of 1976 to include computer programs in the list of creative works protected by federal copyright law.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADE SECRETS

  • A trade secret is basically information of commercial value. It includes customer lists, plans, research and development, and pricing information.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

TRADE SECRETS

  • State and Federal Laws
  • Today most states’ laws are based on the Uniform Trade Secrets Act.
  • The Economic Espionage Act of 1996 made theft of trade secrets a federal crime.
  • Trade Secrets in Cyberspace
  • Computer technology undercuts a firm’s ability to protect its confidential information.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

EXHIBIT 5.1

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

INTERNATIONAL PROTECTION FOR
INTELLECTUAL PROPERTY

  • Various international agreements provide international protection for intellectual property.
  • Berne Convention
  • Trade-Related Aspects of Intellectual Property Rights (TRIPS agreement)
  • Anti-Counterfeiting Trade Agreement

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

INTERNATIONAL PROTECTION FOR
INTELLECTUAL PROPERTY

  • The Berne Convention of 1886
  • If a U.S. citizen writes a book, every country that has signed the convention must recognize her or his copyright in the book.
  • The U.S. joined the Berne Convention in 1989.
  • 1994, Congress enacted Uruguay Round Agreements Act (URAA)

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

INTERNATIONAL PROTECTION FOR
INTELLECTUAL PROPERTY

  • The TRIPS Agreement
  • 1994 agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which provides for enforcement procedures in over 100 countries that signed the agreement.
  • Generally, a member nation cannot give its own citizens favorable treatment without offering the same treatment to nationals of all member countries.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

INTERNATIONAL PROTECTION FOR
INTELLECTUAL PROPERTY

  • The Anti-Counterfeiting Trade Agreement
  • Eight countries signed in 2011
  • Goal is to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.