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Intellectual Property Rights

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This presentation is to give you the brief background of Intellectual Property RIghts (IPR) and help you understand them.

This presentation is to give you the brief background of Intellectual Property RIghts (IPR) and help you understand them.

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Intellectual Property Rights Intellectual Property Rights Presentation Transcript

  • Plan for Today
    • Introduction
      • Overview of Intellectual Property Law
      • Philosophical Perspectives – IP Theory
  • Intellectual Property Survey
    • Introduction
    • Trade Secret Protection
    • Patent Law
    • Copyright Law
    • Trademark Law
  • 1800’s: The Old School IP View slide
  • 1900’s IP: Coca-Cola’s IP View slide
  • Patent submission for the classic Coca-Cola Bottle The prototype sketch for the original shape of the 'hobbleskirt bottle' was inspired by an illustration of a cocoa bean from the 1913 edition of Encyclopedia Britannica. The vertical grooves were used to create the distinctive contours which distinguish the bottle from its all of it's counterparts. (http://www.digitaldeliftp.com/LookAround/advertspot_cocacola9.htm)
  • Copyrighted Expression: Coke’s Advertisements Coke’s 1971 Advertising Campaign Song I'd like to buy the world a home And furnish it with love Grow apple trees and honey bees And snow white turtle doves (Chorus) I'd like to teach the world to sing In perfect harmony I'd like to buy the world a Coke And keep it company That's the real thing (Repeat Chorus) (Chorus 2) What the world wants today Is the real thing (Repeat Chorus 2)
  • Here is a link to a video with the Open Happiness song: http://www.adweek.com/aw/content_display/news/agency/e3iedade07084ff11598b68d28cd9aad55d
  • Trademarks: Coca-Cola Brand Name, Slogans, and Product Packaging
    • 1886 - Drink Coca-Cola
    • 1906 - The Great National Temperance Beverage
    • 1929 - The Pause that Refreshes
    • 1956 - Coca-Cola... Makes Good Things Taste Better
    • 1969 - It's the Real Thing
    • 1971 - I'd Like to Buy the World a Coke
    • 1979 - Have a Coke and a Smile
    • 1982 - Coke Is It!
    • 1990 - You Can't Beat the Real Thing
    • 1993 - Always Coca-Cola
    • 2003 - Coca-Cola... Real
    • 2005 – Make it Real
    • 2006 – The Coke Side of Life
    • 2009 – Open Happiness
  • Other 1900’s Brands
    • Disney (Media)
    • Levi’s (Branded Apparel)
    • Intel (Hardware)
    • Microsoft (Software)
    • Amazon (online retail services)
    • (IP is evolving with changes in business)
  • New Economy
    • New Economy: what are we selling?
    • All IP
    • Not really a product
    • Not really a service
    • Twitter? Facebook? Tumblr?
    • Thousands of new media businesses that are entirely IP based.
  • Patent
    • A novel, non-obvious, utilitarian improvement over the prior art?
      • Are there other patents? What is the prior art?
      • Is it novel?
      • Is this non-obvious?
      • Is it utilitarian?
      • To what extent is a “method” allowed?
    • Who owns it?
    • Confidentiality and disclosure
  • The Patent Application
    • 1. A method of sharing possessions between friends that are connected on a social network that allows friends to post items to share and allows friends to view the items shared by their friends;
    • 2. A method of claim 1 where friends can request to borrow items from a friend by using a private messaging system to notify the friend of the desire to borrow and friends with items to lend can approve or disapprove the request
    • 3. A method of claim 1 where friends that lend can rate the quality of the borrower for others to view the borrower's borrow-worthiness
    • 4. A method of claim 1 where friends can identify the availability of items that are available to lend such that friends can determine and search availability of items they wish to borrow through a searchable database of items by keywords, description, and data
    • 5. A method of claim 1 whereby borrowers may purchase a damage waiver insurance protection that is charged to the borrower upon the lender approving the borrower's choice of items that the borrower intends to borrow
  • Copyright
    • Software code
      • Object code
      • Source code
      • User Interface (UI)
    • Logo
    • Ownership
      • The creator of a work owns it in the absence of an agreement to the contrary
      • Work for Hire Agreements
  • Trade Secrets
    • Developers
    • Designers
    • Consultants
    • The 1 year safe harbor
      • Does the client want to have this clock start?
      • Confidentiality agreements may prevent the clock from starting for patents
    • Copyright Statute: 5 years from publication
      • Confidentiality may keep the 5 year clock from starting
  • Why Do We Give IP Rights?
    • What’s the theory underlying IP rights?
    • Should we give rights to:
      • Coke for its bottle shape? A round phone card? A round towel?
      • A song that took an hour to write?
      • An invention that uses available technology to measure the distance from the player to the green on a golf course?
  • Theories Underlying IP Laws
    • Natural rights or labor-desert theory
    John Locke
  • Theories Underlying IP Laws
    • Personhood in Property
    G.W.F. Hegel
  • Theories Underlying IP Laws The goal of society is the “greatest happiness for the greatest number” Utilitarian/Economic Incentive Perspective Jeremy Bentham Judge Richard Posner
  • Article 1, Section 8, Clause 8 of the U.S. Constitution authorizes Congress
  • Theories Underlying IP Laws
    • Ensuring the Integrity of the Marketplace
  • How do the theories justify copyright protection in the following?
    • Painting
    • Customer lists
    • News articles
    • Songs