This document discusses different forms of intellectual property including trademarks, patents, copyrights, and trade secrets. Trademarks protect distinctive symbols or words that identify products and brands. Patents grant inventors exclusive rights over novel inventions. Copyrights protect original creative works fixed in a tangible form. Trade secret laws protect valuable confidential business information. The document outlines the requirements and protections provided by laws governing each form of intellectual property.

1. ESSENTIALS OF THE LEGAL
ENVIRONMENT TODAY, 5E
ROGER LEROY MILLER
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2. CHAPTER 8
INTELLECTUAL PROPERTY
RIGHTS
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3. LEARNING OBJECTIVES
• What is intellectual property?
• Why is the protection of trademarks
important?
• How does the law protect patents?
• What laws protect authors’ rights in the
works they create?
• What are trade secrets, and what laws offer
protection for this form of intellectual
property?
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4. INTRODUCTION
• Intellectual property is any property
resulting from intellectual, creative
processes—the products of an
individual’s mind.
• Includes: information contained in books,
computer files, apps for your smartphone,
movies you watch, music you listen to
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5. TRADEMARKS
• A trademark is a distinctive word,
symbol, sound, or design that identifies
the manufacturer as the source and
distinguishes its products from others.
• Protection of trademarks is important
to protect manufacturers from losing
business to rival companies.
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6. TRADEMARKS
• Statutory Protection of Trademarks
• Lanham Act of 1946 provides federal
protection of manufacturers from losing
business to rivals that used confusingly similar
trademarks.
• Trademark dilution
• Federal Trademark Dilution Act (1995) allows trademark
owners to sue in federal court for trademark dilution.
• 2006 Trademark Dilution Revision Act (TDRA
• Use of a similar mark may constitute
trademark dilution
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7. TRADEMARKS
• Trademark Registration
• U.S. Patent and Trademark Office
• 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.
• Injunctions are the most common remedy.
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8. TRADEMARKS
• Distinctiveness of the Mark
• Strong marks
• Fanciful, arbitrary, or suggestive trademarks are
considered to be most distinctive trademarks, normally
not related to product
• Suggestive trademarks
• Bring to mind something about a product without
describing the product
• Secondary meaning
• Arises when customers associate a specific term of
phrase with specific trademarked items
• Generic terms = no protection
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9. TRADEMARKS
• Service, Certification, and Collective
Marks
• Service mark: used to distinguish services
• Certification mark: used by one or more
persons, other than the owner, to certify the
region, materials, or other characteristics of
specific goods or services
• Collective mark: used by members of a coop,
association, union, or other organization
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10. TRADEMARKS
• Trade Dress
• Broad concept that can include all or part
of the total image or impression created
by a product of its packaging
• Counterfeit Goods
• Stop Counterfeiting in Manufactured
Goods Act (SCMGA)
• Criminalizes intentional trafficking in counterfeit goods
• Penalties for counterfeiting
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11. TRADEMARKS
• Trade Names
• Indicates part or all of a business’s name
• Licensing
• Way to avoid litigation and still make use of
another’s trademark or other form of
intellectual property
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12. PATENTS
• A government grant that gives
inventor the exclusive right to make,
use, and sell an invention for 20 years.
• America Invents Act (2011), first person
to file receives protection.
• Searchable Patent Databases
• www.uspto.gov
• www.epo.org
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LO-3

13. PATENTS
• What Is Patentable?
• Item must be novel and not “obvious.”
• Almost anything is patentable (excluding
laws of nature, natural phenomena,
abstract ideas).
• Patent Infringement
• If a firm makes, uses, or sells another’s
patented design, product, or process
without permission
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14. PATENTS
• Remedies for Patent Infringement
• Sue for relief in federal court
• Injunction
• Request damages for royalties and lost
profits
• Reimbursement for attorneys’ fees
(sometimes)
• Treble damages
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15. COPYRIGHTS
• Copyright is an intangible property
right granted by federal statute to the
author or originator of certain literary
or artistic productions.
• Registered with U.S. Copyright Office
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LO-4

16. COPYRIGHTS
• What Is Protected Expression?
• Work must be original and “fixed in a
durable medium.”
• Section 102 Exclusions
• Excludes copyright protection for any “idea, procedure,
process, system, method of operation, concept,
principle, or discovery, regardless of the form in which it is
described, explained, illustrated, or embodied.”
• Compilations of facts are copyrightable.
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17. COPYRIGHTS
• Copyright Infringement
• Form or expression of an idea is copied
(does not have to be in its entirety).
• Penalties, damages and criminal actions
are possible.
• Remedies for copyright infringement
• The “fair use” exception
• Certain persons or organization can copy materials
without penalty (e.g., education, news, research).
• The first sale doctrine
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18. COPYRIGHTS
• Copyright Protection for Software
• 1980 Computer Software Copyright Act
• Includes computer programs in the list of creative works
protected by federal copyright law
• Courts have not extended protection to
the “look and feel” of programs.
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19. TRADE SECRETS
• Trade Secrets
• Information of commercial value
• State and Federal Law on Trade Secrets
• Section 757 of the Restatement of Torts
• Uniform Trade Secrets Act
• 1996 Economic Espionage Act
• Trade Secrets in Cyberspace
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LO-5

20. EXHIBIT 8.1
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21. INTERNATIONAL PROTECTIONS
• The Berne Convention
• 1886 international copyright agreement
• 2011 EU extended period of royalty
protection for musicians from 50 to 70
years
• The TRIPS Agreement
• Established standards for international
protection of intellectual property rights
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22. INTERNATIONAL PROTECTIONS
• The Madrid Protocol
• Designed to reduce the costs of
international trademark protection
• The Anti-Counterfeiting Trade
Agreement (ACTA)
• Increase international cooperation to
combat counterfeiting
• Provisions and goals
• Border searches
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