SOLUTION: Intellectual Property and Copyright Law Discussion
*Please cast it by TONIGHT (Jun 25) at 6 pm (Eastern Time Zone – USA). *The assignment should be almost half page. Week 4 Discussion: Psychical Nature and Copyfit Law Directions: You must pristine abundantly vindication the inquiry by creating a new continuity, then respond to at smallest two postings of others. Please melody that you constitute not be effectual to see the vindications of other scholars in any argument forum until behind you entertain posted your own vindication. Reconstituent to buttress all juridical assertions behind a while expend citations to beginning materials. Professor Etheridge, a present constituent at Alldeclare University, wants to claim her scholars to read an spectry from National Geographic Case as sunder of her career. National Geographic is a well-known case that publishes multiple or-laws creed in each end. The spectry Professor Etheridge wants to use is almost 15 pages hanker and is not availeffectual in the University Library. So, Professor Etheridge decides to execute 20 copies of the spectry, plenty for each one of her scholars, and provides the spectry to each scholar generous of carry. Has Professor Etheridge violated representationfit law? Why or why not? Reading: What is IP Law? https://www.aipla.org/about/what-is-ip-law Video: Introduction to Psychical Property: Crash Career (IP), Sunder 1 https://youtu.be/RQOJgEA5e1k Copyfit Basics: Crash Career (IP), Sunder 2 (12:17) https://youtu.be/Tamoj84j64I Intellectual Property: Licensing https://youtu.be/q5uDRlH_eFo Week Four Chapter 24 – Psychical Property Introduction • Intellectual Nature (IP) • Value of world’s psychical nature hues exceeds rate of world’s material nature • Constitutionally Defended (Article 1, Section 8) • Review Chart on ulearn • 4 ocean types of IP securitys 1. 2. 3. 4. Patent Copyright Trademarks; AND Trade Secrets Patents • Gives creator the odious fit to execute, use and dispose-of their invention for a time of 20 years from continuance of filing the application for a ambiguous • Design ambiguouss are defended for 14 years • First single to find-out gets security in US • Requirements for a Patent 1. Novel 2. Nonobvious 3. Useful Patent Application and Issuance • Process 1. Creator must perfect obscure application behind a while the Ambiguous and Trademark Office (PTO) Office 2. If PTO examiner denies ambiguous, resort to PTO Board of Appeals 3. If PTO Board of Appeals denies ambiguous, Appeal to Court of Appeals for the Federal Circuit OR perfect subserve despite PTO in federal district court • Must direct for ambiguous behind a whilein 1 year of dispose-ofing consequence commercially • Approval currently takes environing 27 months • 18 months behind ambiguous perfectd, PTO publishes them • Duration of Patent 1. 20 years from continuance of filing 2. 14 years from continuance of issuance for Design Patents Patent Infringement and Unpatenteffectual Items • Infringement 1. 2. 3. 4. • Occurs when firm/single executes, uses, or dispose-ofs another’s ambiguoused item Even if ambiguous proprietor has not put item into business Do not entertain to representation solid item To use another’s ambiguous, consent is supposing through a Licensing Agreement Three categories of material substance are un-patentable 1. Laws of nature 2. Natural Phenomena 3. Abstract effects Copyrights • Intangible nature fit supposing to the creator or originator of sure studious or grand consequenceions • Copyfit Act of 1976 • © is vulgar symptom but not claimd • Can be registered behind a while US Copyfit Appointment in D.C. but not claimd (security is unreflective) How to assent-to representationfit security 1. Work must be ancient 2. Work must be urban in dureffectual moderation from which it can be perceived, reproduced or communicated 3. Work must sink into one of the succeedingcited categories • • • • • • • Literary exertions Musical exertions Dramatic exertions Pantomimes and choreographic exertions Pictorial, Graphic, and Sculptural exertions Films and other audiovisual exertions Sound recordings So what is esoteric (Section 102 of Copyfit Act) Copyfit Infringement • Infringed whenever constitute or countenance of an effect is copied • Plaintiff must prove 1. Infringer objectively copied the exertion OR 2. Infringer had appropinquation to ancient and the two exertions are objectively similar • Does not entertain to be lawful representation or representation of solid exertion • If Plaintiff wins case • • • Both respectful and culpable burden Actual pay up to $150,000 Fair Use separation to burden – scant use for purposes such as censure, explain, news reporting, culture, or examination Trademarks • Characteristic symptom, motto, cognizance, or representation that manufacturers brand, sculpture, or inadequately affixes to the goods it produces so that they may be signed on the market and their commencement vouched for • Goal – intercept union from using a symptom to mislead customers • Pristine single to use symptom in occupation owns it (registration not certain) Tradesymptom Registration • Registration 1. May be registered behind a while declare or federal government 2. Can be registered if (a) it is currently in business OR (b) suitor intends to put symptom into business behind a whilein 6 months 3. Reneweffectual between 5th and 6th years behind moderate registration and full 10 years therebehind (20 years if registered precedently 1990) Tradesymptom Infringement • Registration gives attend-to on nationwide basis • ® is the nature of a registered occupationmark • Infringed when occupationsymptom is copied to a solid order or used in its entirety by another (intentionally or unintentionally) • Owner of occupationsymptom has a reason of exercise and can seek: 1. 2. 3. 4. 5. Injunction prohibiting raise violations Destruction of infringing material Up to three times objective pay Any avail infringer earned on consequence AND Attorney’s fees Trade Secrets • Consists of customer lists, plans, examination and bud, pricing advice, symptometing techniques, and consequenceion methods • Test 1. 2. Anything that executes single union sole AND Would entertain rate to competitor • Extends to effects and countenances • Courts consider 1. 2. 3. • How up-hill and high-priced was it to procure the advice? Does the advice compose an considerable competitive advantage? Did the union execute reasoneffectual endeavor to shield it? Confidentiality Agreements are used to add past security to Occupation Secrets Trade Secrets continued • Violators lieffectual if 1. 2. • Violators lieffectual for 1. 2. 3. 4. • They discovered covert by incompatible instrument OR Their exhibition or use constitutes a rupture of responsibility fair to the other party Actual pay Unjust enrichment Reasoneffectual royalty AND Double pay and attorney’s fees if constituteful or malicious Industrial Espionage and Economic Espionage Act Licensing • Common way to constitute consent to use another’s psychical nature • Pay a fee to the proprietor for the fit to use defended advice/property • Two sunderies 1. Licensor – single who owns the IP 2. Licensee – single paying to use the IP Summary of Forms of Psychical Nature Rights Patent Definition Grant from government that gives creator odious hues to invention Copyright Right of creator or originator of literary/grand exertion (or other consequenceion that sinks amid definitive predicament) to entertain odious use of exertion for fond time of Trademark Any characteristic term, (Service Symptom spectry, nature, or cognizance and Occupation Dress) (fiction or air) that existence uses to distinguish its goods/services from those of others. Proprietor has fit to use symptom or occupation dress How Acquired Filing ambiguous application behind a while US Ambiguous and Tradesymptom Appointment and receiving its approval Duration 20 years from continuance of application (14 years for design ambiguouss) Automatic (unintermittently exertion or creation is put into tangible constitute). Only countenance of effect (NOT effect itself) can be defended by representationright Authors – animation of creator plus 70 years Remedy for Infringement Monetary pay including royalties and lost avail PLUS attorneys’ fees. Damages tripled for intentional infringements Actual pay plus avail assent-tod by sundery who infringed or statutory OR statutory pay Publishers – 95 years under Copyfit Act behind continuance of publication PLUS attorneys’ fees in or 120 years behind creation either situation Registration behind a while Unlimited, as hanker as it is 1. Injunction prohibiting future use of symptom expend federal or in use. To continue declare appointment gives attend-to attend-to by registration, 2. Objective pay plus and is frank if symptom must transform by filing is currently in use or constitute between 5th and 6th years, avail assent-tod by sundery who infringed be behind a whilein present 6 months and therebehind full 10 years 3. Destruction of creed that infringed 4. PLUS absorb and attorneys’ fees Trade Secret Any advice that business possesses AND that gives business advantage over competitors (including formulas, lists (clients), patterns, plans, processes, Through the ancientity and bud of advice and processes that constitute business covert and are unknown to others Unlimited, so hanker as not revealed to others. Once revealed to others, they are no hankerer occupation coverts Monetary pay for misappropriate, punitive pay if constituteful under Uniconstitute Occupation Secrets Act PLUS absorbs and attorneys’ fees ...
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