chapter 5 intellectual property & internet law. 2 what is intellectual property? why are...
TRANSCRIPT
Chapter 5Intellectual Property &
Internet Law
Chapter 5Intellectual Property &
Internet Law
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What is Intellectual Property? Why are trademarks and patents
protected by law? What laws protects authors’ rights in
works they produce? What steps have been taken to protect
intellectual property rights in the digital age?
What is Intellectual Property? Why are trademarks and patents
protected by law? What laws protects authors’ rights in
works they produce? What steps have been taken to protect
intellectual property rights in the digital age?
Learning ObjectivesLearning ObjectivesLearning ObjectivesLearning Objectives
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IntroductionIntroduction Intellectual Property (I.P.) is any property
that is the product of an individual’s mind, e.g, books, software, movies, music.
U.S. Constitution protects I.P. in Article I Section 8. Congress shall “promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries.”
Ownership of I.P. is strategically important in the global economy.
Intellectual Property (I.P.) is any property that is the product of an individual’s mind, e.g, books, software, movies, music.
U.S. Constitution protects I.P. in Article I Section 8. Congress shall “promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their respective Writings and Discoveries.”
Ownership of I.P. is strategically important in the global economy.
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Trademarks & Related Property
Trademarks & Related Property
TrademarkDistinctive motto, mark or emblemStamped or affixed to a productSo that it can be identified in the market.
Statutory Protection for TrademarksFederal Lanham Act of 1946Federal Trademark Dilution Act of 1995
TrademarkDistinctive motto, mark or emblemStamped or affixed to a productSo that it can be identified in the market.
Statutory Protection for TrademarksFederal Lanham Act of 1946Federal Trademark Dilution Act of 1995
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Trademarks & Related Property
Trademarks & Related Property
Trademark RegistrationU.S. Patent and Trademark Office
www.uspto.gov gives notice to 3rd parties.A mark can be registered if in use or mark will
be used within 6 months. Trademark Infringement
Unintentional or intentional substantial copying of mark.
Strong marks vs. generic terms.
Trademark RegistrationU.S. Patent and Trademark Office
www.uspto.gov gives notice to 3rd parties.A mark can be registered if in use or mark will
be used within 6 months. Trademark Infringement
Unintentional or intentional substantial copying of mark.
Strong marks vs. generic terms.
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Trademarks & Related Property
Trademarks & Related Property
Service MarkSimilar to trademark but used for services. Includes characters in TV and radio.
Trade NamesApplies to a business (not a product).
Trade Dress Image and appearance of a product or shop
(Example: Starbucks coffee stores)
Service MarkSimilar to trademark but used for services. Includes characters in TV and radio.
Trade NamesApplies to a business (not a product).
Trade Dress Image and appearance of a product or shop
(Example: Starbucks coffee stores)
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Cyber MarksCyber Marks
Trademarks in Cyberspace Domain Names
Trademarks in Cyberspace (example: Nike.com) Conflicts—ICANN
Cybersquatting Occurs when 3d party registers a domain name that is
the same or similar to another company’s own trade name.
1999 Anticybersquatting Consumer Protection Act
Trademarks in Cyberspace Domain Names
Trademarks in Cyberspace (example: Nike.com) Conflicts—ICANN
Cybersquatting Occurs when 3d party registers a domain name that is
the same or similar to another company’s own trade name.
1999 Anticybersquatting Consumer Protection Act
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Cyber MarksCyber Marks
Meta TagsKeywords in web pages used by internet search
engines.Playboy vs. Calvin Designer Label
Online Trademark DilutionTrademarks can be diluted on the web.Hasbro v. IEG (over candyland.com)
Meta TagsKeywords in web pages used by internet search
engines.Playboy vs. Calvin Designer Label
Online Trademark DilutionTrademarks can be diluted on the web.Hasbro v. IEG (over candyland.com)
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PatentsPatents
PatentA Government monopoly thatGives inventor the exclusive right toMake, use or sell and invention for 20 years.
Patents for: InventionDesignProcess (software patent)
PatentA Government monopoly thatGives inventor the exclusive right toMake, use or sell and invention for 20 years.
Patents for: InventionDesignProcess (software patent)
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PatentsPatents
InfringementManufacture, use or sale of another’s product
or design without permission (license).
Business Process Patents1998 State Street Bank v. Signature Financial
ruled that a method of doing business could be patented.
Amazon.com’s “one-click” patent.
InfringementManufacture, use or sale of another’s product
or design without permission (license).
Business Process Patents1998 State Street Bank v. Signature Financial
ruled that a method of doing business could be patented.
Amazon.com’s “one-click” patent.
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CopyrightsCopyrights
Copyright:Intangible property right granted by federal
statute to the author for life plus 70 years.Automatic protection.Work must be original and “fixed in a durable
medium.” Ideas are not protected, but the expression of an idea is.
Copyright:Intangible property right granted by federal
statute to the author for life plus 70 years.Automatic protection.Work must be original and “fixed in a durable
medium.” Ideas are not protected, but the expression of an idea is.
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CopyrightsCopyrights Infringement
Form or expression is copied (does not have to be in its entirety)
Penalties, damages and criminal action are possible.
Exception: “Fair Use”Certain persons or organization can copy
materials without penalty (e.g., education, news, research)
Copyright for Software
InfringementForm or expression is copied (does not have to
be in its entirety)Penalties, damages and criminal action are
possible. Exception: “Fair Use”
Certain persons or organization can copy materials without penalty (e.g., education, news, research)
Copyright for Software
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Copyrights in Digital Information
Copyrights in Digital Information
Digital media can easily be copied. Copyright Act of 1976
Copy of a program into RAM is infringement.Revision or re-sale of freelance authors works
can be infringement. NY Times v. Tasini (2001).
MP3 and File-Sharing.Napster vicariously liable for infringement.
Digital media can easily be copied. Copyright Act of 1976
Copy of a program into RAM is infringement.Revision or re-sale of freelance authors works
can be infringement. NY Times v. Tasini (2001).
MP3 and File-Sharing.Napster vicariously liable for infringement.
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Trade SecretsTrade Secrets Trade secrets are confidential, not filed
with the government. Can be customer lists, formulas, pricing,
etc. Theft of trade secrets is now a federal
crime under the Economic Espionage Act of 1996.
Cyberspace: employees can easily email information to competitors.
Trade secrets are confidential, not filed with the government.
Can be customer lists, formulas, pricing, etc.
Theft of trade secrets is now a federal crime under the Economic Espionage Act of 1996.
Cyberspace: employees can easily email information to competitors.
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LicensingLicensing
Allows a third party to lawfully use a patent, trademark, copyright or trade secret.
The licensee pays the licensor (the owner of the IP) a fee for use.
U.C.I.T.A. is a uniform code that licenses the use of software.
Allows a third party to lawfully use a patent, trademark, copyright or trade secret.
The licensee pays the licensor (the owner of the IP) a fee for use.
U.C.I.T.A. is a uniform code that licenses the use of software.
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International ProtectionInternational Protection
Berne Convention (1886)TRIPS Agreement (1994)
Each member must include domestic laws protecting intellectual property of other nation-members
World Intellectual Property Organization (WIPO) (1996)Provides for Dispute resolution
Berne Convention (1886)TRIPS Agreement (1994)
Each member must include domestic laws protecting intellectual property of other nation-members
World Intellectual Property Organization (WIPO) (1996)Provides for Dispute resolution