2009 BIOL503 Class 5 Intellectual Property I, Part 4: Brief Survey Of Various Ip

Intellectual Property I: Brief Survey of Intellectual Property Protection CSUCI 2009 BIOL503 K. Pessin

Intellectual Property I: Types of Intellectual Property Patent: Invention Copyright: Creative fixed work Trademark: Source, sponsorship Trade secret: Valuable secret Know How

Intellectual Property I: Types of Intellectual Property

Trademark

Trade dress, design patents

Case study: drug branding

Copyright

Case study: Databases

Trade Secret

“ Don’t let this happen to you”

Other rights

Publicity, cybersquatting, “codes of conduct”

Patent

Next subject

Trademark

Copyright

Trade Secret

Other rights

Patent

Next subject

Intellectual Property I: Trademark

Intellectual Property I: Trademark Basics

A trademark (or service mark)

Used “in commerce”

Indicates source of goods (or services) = goodwill

Word, name, symbol, device

Sound (duck boat), smell (non functional, e.g., smell of fresh cut grass for tennis balls)

Trademark rights

Prevent others from using

Others can still deal in the same product – but cannot free ride on goodwill of mark

Trademark laws

Common law (state)

Federal (“Lanham Act”)

Certain international treaties

Intellectual Property I: Trademark, ® or TM?

http:// www.uspto.gov/web/offices/tac/doc/basic /

Intellectual Property I: Trademark, DIY search Trademark Search result, “BIOTECH”, 194 hits

http:// www.uspto.gov/web/offices/tac/doc/basic /

Intellectual Property I: Trademark “ Lanham Act” – US Trademark Laws http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_22.html

Principal Register benefits

Requirement: Inherently distinctive or acquired sufficient secondary meaning

Supplemental Register: Not required, but you don’t get all the benefits

Can acquire “secondary meaning”

Nationwide constructive use and constructive notice, which cuts off rights of other users for similar marks

Possible incontestable status after five years (which cuts off certain defenses of potential infringement defendants)

Sue in Federal courts, jurisdiction benefits

Access to US Customs enforcement tools

Damages advantages (treble damages attorney fees, various injunctive relief provisions).

Intellectual Property I: Trademark, Distinctiveness

Fanciful-A n invented word- such as “kodak”

Arbitrary- A real word, but used for something different: "apple" for computers

Suggestive- A term describes something in the underlying product or service, but still requires some imagination to connect the mark with the product or service: “Coppertone®” for sun tan products

Descriptive- Completely describes the product or service, however can obtain trademark protection through use and/or fame: “Honeybaked Ham®"

Generic- A term so connected with a product or service, that everyone associates it with all products or services: “Aspirin” for acetylsalicylic acid

Intellectual Property I: Trademarks, specifics

Qualitex Co. v. Jacobson Products Co . (Supreme Court 1985) Under the proper circumstances a single color may qualify as a protectable trademark.

Ambrit v. Kraft , no protection for blue frozen desserts (functional)

Life Savers v. Curtiss , no protection for multicolor candy wrappers (functional)

Intellectual Property I: Trademark, Distinctiveness

Intellectual Property I: Trademark, Distinctiveness $ 80K

“ Franchise” (oversimplified)

Key: Uniform quality at each franchise outlet

“ Unintended Franchise”

Marketing Plan

License of trademarks/goodwill

Fee

Federal Trade Commission offering papers, and loads of state laws

International issues

Quiz

Infringement and Counterfeiting

Sounds alike or, if logo, looks similar

Confusion as to source of goods or services

Intellectual Property I: Drug Branding, Trademark and Generic Naming

Other factors In re E.I. du Pont de Nemours & Co ., (CCPA 1973)

The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.

The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use.

The similarity or dissimilarity of established, likely-to-continue trade channels.

The conditions under which and buyers to whom sales are made, i.e. "impulse" vs. careful, sophisticated purchasing.

The fame of the prior mark .

The number and nature of similar marks in use on similar goods.

The nature and extent of any actual confusion.

The length of time during and the conditions under which there has been concurrent use without evidence of actual confusion.

The variety of goods on which a mark is or is not used .

The market interface between the applicant and the owner of a prior mark .

The extent to which applicant has a right to exclude others from use of its mark on its goods.

The extent of potential confusion .

Any other established fact probative of the effect of use.

Intellectual Property I: Drug Branding, Trademark and Generic Naming http://www.uspto.gov/web/offices/com/sol/foia/ttab/2dissues/2006/91153080.pdf

“ Likelihood of confusion” (Immunex and Immuno-Rx)

Similarity between the marks - Sound, appearance

Relationship between the goods

Trade channels- Vaccines and probiotic bacteria and Embrel®

Conditions of sale – both parties could sell over the counter products

Intellectual Property I: Trademark, Confusion

Intellectual Property I: Trademark, Dilution Victoria’s Secret Victor’s Little Secret 2006: Law revised so famous marks don’t have to show proof of dilution

Intellectual Property I: Trademark, parody Louis Vuitton Chewy Vuitton

Intellectual Property I: Drug Branding: Trademark and Generic Naming Federal Trade Commission: Consumer protection function, including false advertising. http://www.ftc.gov/

FAKES!

Counterfeit: fakes, not from manufacturer of brand

Gray market or parallel import: Not necessarily fake, but not authorized by IP holder

Black market: Banned product

Intellectual property I: How to sell a fake designer handbag http://www.counterfeitchic.com/2006/04/no_fooling.php Real Kooba Fake Kooba http://reviews.ebay.com/BEWARE-FAKE-KOOBA-HANDBAGS-BEING-SOLD-AS-AUTHENTIC_W0QQugidZ10000000001437004

Intellectual property I: How to sell a fake designer handbag

Reality cannot be changed by a false disclaimer

Intellectual property I: How to sell a fake designer handbag

Make a real look-alike copy

Spray paint “FAKE” in non-removable paint all over it

Trademark and trade dress laws apply

Even if identified at point of sale as a fake, if others are impressed by it, it may infringe

Reality cannot be changed by a false disclaimer

http://www.counterfeitchic.com/2006/04/no_fooling.php FAKE FAKE FAKE

Intellectual Property I: Trademark, Counterfeiting http://www.fda.gov/counterfeit/

Intellectual Property I: Trademark, Counterfeiting http://www.pharmacy.ca.gov/about/e_pedigree_laws.shtml

Intellectual Property I: Trademark, Counterfeiting http://www.in-pharmatechnologist.com/Packaging/Another-delay-knocks-back-ePedigree-until-2015

Intellectual property I: Trade Dress Paul Noth, in The New Yorker , May 29, 2006, p. 47. Trade Dress

Intellectual property I: Trade Dress A word about trade dress “ Plucky young female lawyer” or Mayflower Madam?

Intellectual Property I: Other protection, reputation Raustiala, Kal and Sprigman, Chris, "The Piracy Paradox: Innovation and Intellectual Property in Fashion Design" . UCLA School of Law Research Paper No. 06-04 Available at SSRN: http:// ssrn.com /abstract=878401 The Piracy Paradox in fashion design: The more copying, the more successful the brand.

Intellectual property I: Other protection, reputation

Intellectual property I: Other protection, reputation Suit attributed to Christian Dior, France, circa 1948. Dinner dress by Gabrielle Chanel, France, circa 1954. Coat-dress by Geoffrey Beene, United States of America, early 1970s. Coat and dress ensemble by Bonnie Cashin, United States of America, late 1960s. Dress and coat ensemble by James Galanos, United States of America, late 1960s to early 1970s. http://dept.kent.edu/museum/costume/index.asp

Intellectual property I: Trade Dress Design patent: 14 years from date of grant Ornament inseparable from article of manufacture http://www.uspto.gov/web/offices/pac/design/toc.html Settled with this company.

Intellectual property I: Trade Dress

“ Trivial name”

IUPAC

Generic name

USAN

Trademark

Trade dress

Viagra® Sildenafil Vitality and vigor

Intellectual Property I: Drug Branding: Trademark and Generic Naming International Union of Pure and Applied Chemistry http://www.iupac.org/dhtml_home.html Generic naming: International and US http://www.ama-assn.org/ama/pub/category/2956.html http:// www.who.int /medicines/services/inn/en/ Application cost = $10K

Intellectual Property I: Drug Branding: Trademark and Generic Naming

Generics are allowed to copy “trade dress” including color.

Shire v. Barr (Adderall)

US Prandin® labeling

Intellectual Property I: Drug Branding: Trademark and Generic Naming http://www.celebtv.com/FileServer.aspx?FileGuid=4de1c4e8-dae1-41cb-bbaa-22d81bd448c8

Intellectual Property I: Drug Branding: Trademark and Generic Naming http://www.baxter.com/about_baxter/news_room/news_releases/2007/12-03-07-drug_safety.html http://www.fda.gov/medWatch/SAFETY/2007/heparin_DHCP_02-06-2007.pdf

Intellectual Property I: Drug Branding: Trademark and Generic Naming http://www.chicagotribune.com/business/chi-thu_baxter_0221feb21,0,1294703.story http://online.wsj.com/article/SB120372510657987043.html?mod=googlenews_wsj

Intellectual property I: Branding

Names

“ Trivial” chemical name (IUAPC) name (no IP)

Generic name (regulated, no IP)

Trademark name (trademark)

Trade dress

Shape, color (trademark possible, generics can use)

Packaging, advertisements (trademark, copyright)

Devices (injectables, inhalers): design patent aspects

Trademark

Indicates source of goods or service

Degrees of distinctiveness

Can be registered or not

Rights can be transferred along with underlying goodwill

Infringement involves analysis of consumer confusion

Some “safe harbors”, e.g., parody

Counterfeits, parallel imports

Distinctiveness can involve: Additional “trade dress” or design patents

For drugs – Safety overlay

IUPAC name, generic name, and brand name

Color, shape – also will be required for generic

Label coloring

Supply chain tracking

Quiz What intellectual property protection is available?

Trademark

Copyright

Trade Secret

Other rights

Patent

Next subject

Intellectual property I: Copyright http://gallica.bnf.fr/Anthologie/ Zodiaque Lithographie -- France Ph. H. Noyer SOURCE BRAULT 1938 -

Intellectual property I: Copyright Main Reading Room Library of Congress Field Trip

Intellectual property I: Copyright

What Works Are Protected?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

literary works;

musical works, including any accompanying words

dramatic works, including any accompanying music

pantomimes and choreographic works

pictorial, graphic, and sculptural works

motion pictures and other audiovisual works

sound recordings

architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

Library of Congress, Reading Room

http:// www.copyright.gov /

What Is Not Protected by Copyright?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

http:// www.copyright.gov /

Copyright is the “default” position. The owners of publicly available content may claim copyright protection.

Copyright registration is not required to have an enforceable copyright, although additional rights and damages may be gained via registration and publication.

Intellectual property I: Copyright http://www.sciencecommons.org/resources/faq/databases.html “ Facts are free”

In general, public domain works:

1.Generic information, such as facts, numbers and ideas. Facts are free. 2. Works with lapsed or non-renewed copyright registrations (a requirement that applies to works created before 1978). 3. Works created prior to March 1989 that failed to include a proper notice of copyright. 4. Works created by the U.S. federal government. 5. Works “dedicated” (donated) to the public domain.

http://creativecommons.org/

Duration

Anything in the public domain earlier than 1923 you can copy in US now

Works Originally Created on or after January 1, 1978: Life + 70 years

Prior to 1978: Depends if renewed or not… see website

Copyright registration with Library of Congress

Can use “Copyright [date] and [owner]” to indicate copyright

“ (C)” hasn’t been enforced

Registration allows certain economic damages

More information: http:// www.copyright.gov /

“ Berne Convention”- international copyright agreement

Based on French notions of droight d’auteur , moral rights of authors rather than economic rights

No pre-registration required for copyright, rights exist upon creation of copyrightable material

http://www.wipo.int/copyright/en/treaties.htm Zees ees not my vork…

Key to infringement: copying

Two poets, similar poems, unaware of the other = no infringement

Reproduce, derivative works, distribute copies, perform the copyrighted work publicly, and display the copyrighted work publicly

Fair Use

1.Educational or nonprofit 2. Factual work 3. A small amount or insubstantial portion 4. The effect of the use on the potential market for or value of the copyright-protected work.

Parody http://www.youtube.com/watch?v=-xEzGIuY7kw

Historical –Increasing ease of copying, increase in “copyright” law creation

Shakespeare – only gave out portions of his plays

Printing press, electric means

VCR/ “Betamax” cases – No “inducement” by providing means to make copies

Now: Digital Millenium Copyright Act

Limits hacking around non-duplication technology

Safe harbor for internet service providers

Archival copies for computer programs

“Level of abstraction”

Intellectual property I: Copyright Overall Idea General Plot Outline Specific Scenes and Incidents Word for Word

Intellectual property I: Copyright http://www.newyorker.com/printables/fact/070205fa_fact_toobin Google scanning full books for searching: transformative fair use?

Copyright of computer programs

Even source code is copyrightable

International piracy, wholesale copying

Abstract purpose or function not copyrightable ( see , patents)

How to protect computer chip architecture?

US: Semiconductor Chip Protection, http://www.copyright.gov/title17/92chap9.html

Intellectual property I: Copyright http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h5921ih.txt.pdf

Intellectual property I: Copyright Viacom: YouTube is an enabler and a copyist!

Intellectual property I: Copyright Digital Millenium Copyright Act

Databases

Compilation of facts, unless some originality in organization

Trade secret or contract protection may be best

Feist v. Rural Telephone (Supreme Court 1991): White pages not copyrightable because they are compilation of facts with insufficient originality in organization

Remember: Copyright does not reward effort

Copyright in databases

EU’s 1996 “Directive on the Legal Protection of Databases.”

Replaces the “creativity” or “originality” requirement of copyright with protection for the effort and investment in accumulation of data.

The creator of a database can prevent the “extraction and/or reutilization of the whole or of a substantial part” of a database, as long as the creator can show that there has been “qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents”

No US equivalent law

Intellectual property I: Copyright Book of used car prices: original or just facts?

Intellectual property I: Copyright Book of used car prices: original predictions of used car prices based on methods

Quiz

You created a database of allelic variants in specific populations by selecting what alleles to test, and what populations to include. Is this compilation of information copyrightable?

Yes: Copyrightable because the author decides how to create the presentation of the facts, and how to select data to include.

No: If the originality is in the method of measurement, then originality is a function of the method. Because copyright doesn’t cover functions, the database is not copyrightable. The methods of analysis may be patentable.

Quiz http://alfred.med.yale.edu/alfred/mvograph.asp?siteuid=SI000224I

Quiz

Trademark

Copyright

Trade Secret

Other rights

Patent

Next subject

Intellectual property I: Other rights: Trade Secret Girl Scout cookies Manila envelope Bottles with brown liquid Armani Exchange Pepsi Coca-Cola Big Pile of Cash FBI What do these things have in common?

Intellectual property I: Other rights: Trade Secret

Trade Secret

Secret

Valuable

Uniform Trade Secrets Act (Cal.Civ.C. 3426 et seq.)

" Trade secret " means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=91002413445+0+0+0&WAISaction=retrieve

Trade Secret

Tangible or intangible

“ Employee’s memories”

Inevitable disclosure doctrine

Examples

Tangible materials: customer lists, cell lines, computer memory

Intangible: knowledge of methods, source of supply, best customers

Trade secret for pharmaceuticals:

Inconsistent with patent law: patents are public.

Inconsistent with compliance: SEC, FDA required disclosure

May have some secrets associated with commercialization, methods of manufacturing

Corporate secrets: research programs, new discoveries, competitive information, organizational information, FDA documents, M&A

Intellectual property I: Other rights: Trade Secret Drug maker: FDA, you posted our manufacturing secrets on-line! Now the big company moved into our market and ruined us! http://pacer.cadc.uscourts.gov/docs/common/opinions/200504/04-5238a.pdf

Intellectual property I: Other rights: Trade Secret Corn parent lines can be secret even if the hybrid is known.

“ NDA” or “CDA”

“ The kiss potent enough for pregnancy, but not potent enough for a long and happy marriage”

Confidentiality and non-use

Avoid taint preventing market entry

“ NDA” or “CDA”

Define terms

Exactly what is confidential?

Patent application – attach, limit time period, ends when published

Or, delete information

Want to see pre-clinical data – delete the identity of the molecule.

Anatomy of a Basic, Generic, Nondisclosure Agreement

This Nondisclosure Agreement (the "Agreement") is entered into by and between _________with its principal offices at ______ (" Disclosing Party ") and _____, located at _____ (" Receiving Party ") for the purpose of preventing the unauthorized disclosure of certain proprietary and confidential information ("Confidential Information").

In exchange for Disclosing Party providing Receiving Party with Confidential information, Receiving Party shall evaluate such information for purposes of exploring a research services relationship;

Therefore, in accordance with the above, . . .

1. Definition of Confidential Information . For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information .

2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.

3. Obligations of Receiving Party . Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement , whichever occurs first.

5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6. Severability . If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

7. Integration . This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.

8. Waiver . The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.

Intellectual property I: Other rights, trade secret

Cal. C. Civ. Pro. 2019.210. . . . the party alleging the misappropriation shall identify the trade secret with reasonable particularity . . .

Hypothetical conversation:

Employer: You stole my trade secrets

Ex-employee: What trade secrets?

Employer: I’m not telling you

Recent decision: Disclosure must be enough for one in the field to recognize description

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2019.210

California policy generally: allow free movement of employees

Non-compete clauses

California Business & Professions Code § 16600, contracts "by which anyone is restrained from engaging in a lawful profession, trade or business" = no good

Inevitable disclosure doctrine

Massachusetts: More strict

Example

Facts: Recombinant antibody technology. Company X making heavy chain library, Research Institute Y making light chain library, object is to make full library of all recombinant antibodies.

VP at Company X either quit or was fired (disputed).

Waits out 6 month non-compete clause at Research Institute working on light chains.

At the end of 6 months, creates new company, claiming ownership of key invention of how to combine heavy chain and light chain libraries.

When did VP come up with key invention?

4 day gap between leaving Company X and starting at Research Institute Y

On airplane

On way back from seeing his lawyer about starting a company

Did not write down (alleged dyxlexia, issue in wrongful termination) except on cocktail napkin

Trade secret jury trial

Intellectual property I: Other rights, trade secret Criminal penalties: Federal Economic Espionage Act

Intellectual property I: Other rights, trade secret Always double check a speaker phone.

Trademark

Copyright

Trade Secret

Other rights

Patent

Next subject

Control the exploitation of his or her name, likeness, or image, for publicity and profit

Cal. Civ. Code § 3344 et seq .

Transferable as a property right

Heritable, co-terminus with copyright laws (Life +70 years)

Indiana : life + 100 years

Intellectual property I: Other rights, Right of publicity Rosa Parks vs. Outkast (Lyrics to song, “Rosa Parks” “Ah ha, hush that fuss/Everybody move to the back of the bus” , suit for defamation) http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3344-3346

Intellectual property I: Other rights, Right of publicity

Midler v. Ford Motor Co ., 849 F.2d 460 (9th Cir. 1988) $400K, unauthorized use of voice sound-alike

Waits v. Frito-Lay, Inc ., 978 F.2d 1093 (9th Cir. 1992) $2.5MM, unauthorized use of voice sound-alike

White v. Samsung Electronics America, Inc . , $400K Vanna White robot

Hoffman v. Capital Cities/ABC, Inc . , $3.3MM , unauthorized likeness in magazine

Carson v. Here's Johnny Portable Toilets , injunction even where no use of likeness

Wendt v. Host International Inc., settlement, use of Cheers characters as robots in bar

Comedy III Productions, Inc. v. Saderup, charcoal likeness of three stooges

Intellectual property I: Other rights, Right of publicity http://www.forbes.com/2006/04/12/muhammad-ali-elvis-cx_gl_0412autofacescan07_print.html “ Float like a butterfly and sting like a bee.”

Intellectual property I: Other Rights, Cybersquatting

ICANN agreement enforced through the World Intellectual Property Organization

http://www.wipo.int/amc/en/domains/decisions.html

Sting.com: lost

Intellectual property I: Other Rights, Cybersquatting

Intellectual Property I: Other rights Pick a card– stare at it, don’t click on it. I will magically select your card to disappear. Stare a little longer, and transmit your extrasensory energies….

Intellectual Property I: Other rights Your card is gone! It is magic! How did I know which one was yours?

Intellectual Property I: Other rights

How to protect a magic trick?

Best method: Magicians Code of Ethics

Code of Ethics of the International Brotherhood of Magicians:

1) Oppose the willful exposure to the public of any principles of the Art of Magic, or the methods employed in any magic effect or illusion.

2) Display ethical behavior in the presentation of magic to the public and in our conduct as magicians, including not interfering with or jeopardizing the performance of another magician either through personal intervention or the unauthorized use of another's creation.

3) Recognize and respect for rights of the creators, inventors, authors, and owners of magic concepts, presentations, effects and literature, and their rights to have exclusive use of, or to grant permission for the use by others of such creations.

* * * * *

http://www.magician.org/ http://www.magician.org/CodeOfEthics.htm

Intellectual Property I: Other rights Industry "code of conduct" = anticompetitive http://www.ftc.gov/opa/2006/10/realestatesweep.htm

Trademark

Copyright

Trade Secret

Other rights

Patent

Next subject

END Intellectual Property I: Brief Survey of Intellectual Property Types CSUCI 2009 BIOL503 K. Pessin Next: What is a patent and what can you do with one