Comprehensive Volume, 18th Edition

Chapter 10: Intellectual Property Rights and the Internet

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Property Rights

Property rights in trademarks, copyrights, and patents are acquired as provided primarily in federal statutes.

injunction orderingstoppage of such

practices

recovery of profitsif infringement was intentional

Copyrights infringed

Patents infringed

Marks infringed

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Copyrights

A copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, or display the work.

Copyrights run for the life of the creator and 50 years after the creator’s death.

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Patents & Trade Secrets

A patent gives the inventor an exclusive right for 20 years from the date of application to make, use, and sell an invention that is new and useful and unique (not obvious).

Trade secrets are protected under state law for an unlimited period so long as they are not made public.

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Trademarks identify goods. Service marks identify services.

Marks: Names, Symbols & Designs

Protection by registration grants

registrantexclusive rights.

Mark distinguishes owner’s goods or services from those of others.

marks that are coined,completely fanciful,

or arbitrary

Kodakfilm

terms suggestive of some quality of

product

Frigidairerefrigerators

acquired secondarymeaning--surname,

descriptive or geography

Philadelphiacream cheese

Examples of registrable trademarks:

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Summary Comparison of Intellectual Property Rights

Type of Intellectual Property

Trademarks

Copyrights

Patents

Trade Secrets

Protection

Words, names, symbols or devices used to identify a product or service

Original creative works of authorship such as writings, movies, records, and computer software

Utility, design, and plant patents

Advantageous formulas, devices, or compilation of information

Applicable Standard

Identifies and distinguishes a product or service

Original creative works in writing or in another format

New and non- obvious advances in the art

Not readily ascertainable, not disclosed to the public

Where to

Apply

Patent and Trademark Office

Register of Copyrights

Patent and Trademark Office

No public registration necessary

Duration

Indefinite so long as it continues to be used

Life of author plus 50 years or 75 years from publication for “work for hire”

Utility and plant patents 20 years from date of application; design patents 14 years

Indefinite so long as secret is not disclosed to public

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Computers and Property Rights

Protection of computer programs and the design of computer chips and mask works is commonly obtained, subject to certain limitations, by complying with federal statutes, by using the law of trade secrets, and by requiring restrictive licensing agreements. Many software developers pursue all of these means to protect their proprietary interests in their programs.

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View Taken on Theft of SoftwareProgram stolen on

paper, disk, or tape

Petty

Lar

ceny

Trad

ition

al L

aw

Grand Larceny

New

Law of Com

puters

Seen as theft of materialon which program itself is written (paper, disk, tape, etc.).

TradeSecretsProtectionStatute

in somestates

Seen as theft ofvaluableprogramitself.