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Intellectual Property

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by

Mia Santini

on 20 October 2013

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Transcript of Intellectual Property

Mia's Mindmap
Intellectual Property
International Protection
The Berne Convention
The TRIPS Agreement
The Madrid Protocol
Types
Trademarks
Trade Secret
Patent
Copyright
Purpose
To protect the rights of intellectual property that results from intellectual creativeness
To protect the individuals mind

Trademarks
A distinctive mark, motto,device or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known
Trade Secret
Any information that a business possesses and that gives the business an advantage over competitors.
Types
Formulas
Lists
Patterns
Plans
Processes
Programs
Research
Pricing Information
Marketing Methods
Production Techniques
Anything of value to competitor
Governing Laws
Section 757 or Restatement of torts
Uniform Trade Secrets Act
Economic Espionage Act
How Acquired
Through the originality and development of information that constitutes the business secret
Unknown to others

The Berne Convention
Est in 1886
International copyright agreement as amended if a U.S citizen writes a book every company that has signed the convention must recognize the U.S authors copyright in the book
If a citizen of a country that has not signed the convention first publishes a book in one of the 170 countries that have signed, all other countries must recognize that authers copyright.
Copyright notice is not needed to gain protection for works published after March 1,1989
The TRIPS Agreement
Provides that each member country of the World Trade Organization must include in its domestic laws broad intellectual property rights and effective remedies (including civil and criminal penalties) for violations of those rights
Includes patents, trademarks, copyrights for movies computer programs, books and music
The Madrid Protocol
Under its provisions, a U.S company wishing to register its trademark abroad can submit a single application and designate other member countries in which the company would like to register its mark.
Signed into law in 2003
Signed by 79 countries
Designed to reduce the cost of international trademark protection by more that 60%
How Acquired
1.) At common law ownership created by use of the mark.
2.) Registration with the appropriate federal or state office gives notice and is permitted if the mark is currently in use or will be within the next six months
Duration
Unlimited, as long as it is in use. To continue notice by registration, the owner must renew by filing between the fifth and sixth years, and thereafter, every ten years.
Remedy for Infringement
1.) Injunction prohibiting the future use of the mark.
2.) Actual damages plus profits received by the party who infringed.
3.) Destruction of the article that infringed.
4.) Plus costs and attorneys fees.
Copyrights
The right of an author or originator of a literary or artistic work, or other production that falls within a specified category, to have the exclusive use of that work for a given period of time
How Acquired
Once the work is in tangible form it is automatic. Only the expression of an idea and not the idea itself, can be protected by copyright.
Duration
For authors: the life of the author, plus 70 years
For publishers: 95 years after the date of publication or 120 years after creation
Remedy for Infringement
Actual damages plus profits received by the party who infringed or statutory damages under the Copyright Act, plus costs and attorneys fees in either situation
Patent
A grant from the government that gives an inventor exclusive rights to an invention
How Acquired
By filing a patent application with the U.S Patent and Trademark Office and receiving its approval
Duration
Twenty years from the date of the application; for design patents, fourteen years.
Remedy for Infringement
Monetary damages, including royalties and lost profits, plus attorneys fees. Damages may be tripled for intentional infringements
Copyrights in Digital Information
Probably one of the most important for of intellectual property on the internet,
Governing Law
Digital Millennium Copy Right Act
Congress passed the DMCA in 1998; it gave significant protection to the owners of copyrights in digital information among other things like establishing civil and criminal penalties for anyone who circumvents encryption software or other technological antipiracy protection.
MP3 and File-Sharing Technology
Peer-to-peer networking
Distributed network
cloud computing
P2P Networking
Rather than going through a central Web server, P2P uses numerous personal computers (PCs) that are connected to the internet.
Distributed Network
Individuals on the same network can access files stored on one anothers PCs. Parts of the network may be distributed all over the country or the world, which offers an unlimited number of uses allowing people all over the world to work together on the same file-sharing programs
Cloud Computing
Essentially it is a subscription-based or pay-per-use service that extends a computer's software or storage capabilities. Cloud computing can deliver a single application through a browser to multiple users or provide data storage and virtual servers that can be accessed on demand.
Cyber Marks
The trademarks in cyberspace
Domain Name
Cybersquatting
Meta Tags
License
Domain Name
Apart of the internet address.
Ex: 2bfit.com
Top Level Domain (TLD)- the part of the name that is to the right of the period. Ex: .com
Second Level Domain (SLD) - the part of the name that is to the left. Ex: 2bfit.
Cybersquatting
Occurs when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner.
Governing Law
Anticybersquatting Consumer Protection Act (ACPA) of 1999.
The ACPA makes it illegal for a person to "register, traffic in, or use a domain name (1) if the name is identical or confusingly similar to the trademark or another.
(2) if the registering, trafficking in or using the domain name has a "bad faith inten" to profit from that trademark.
Typosquatting
This is a new tactic cybersquatters use by registering a name that is a misspelling of a popular brand, such as hotmai.com or myspac.com. Because many internet users are not perfect typists, these misspelled web pages get a lot of traffic.
Meta Tags
When search engines compile their results by looking through a web sites key word field. The key words may be inserted into this field to increase the likelihood that a site will be included in search engine results, even though the site may have nothing to do with the inserted word.
Licensing
A license in this context is an agreement or a contract permitting the use of a trademark, copyright, patent or trade secret for certain purposes.
Types
Service Mark
Certification Mark
Collective Mark
Service Mark
A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.
Collective Mark
When a trademark is used by members of an cooperative, association, or other organization.
Certification Mark
Used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
Ex: Credits at the end of a motion picture
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