This document provides an agenda and overview of key topics in trademark and copyright law, and how digital publishing and online connectivity have impacted these areas of intellectual property law. It discusses topics such as trademarks, copyright, infringement, fair use, secondary liability, domain names, the Digital Millennium Copyright Act, and notable cases related to trademarks and copyrights online. The document aims to examine the policy considerations behind laws and regulations regarding intellectual property in the digital age.
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
Information technologies and legislation part.1: Intellectual PropertyMorgan Magnin
This material comes from the course I give to 2nd year-students at Centrale Nantes who follow the "Webstrategies and development" program. During this semester long program, students have the opportunity to develop a sound understanding of current web marketing techniques and to put these techniques into practice through real professional missions undertaken with our partners. All courses are given in English. More information on our blog: https://pedagogie.ec-nantes.fr/web-sd/
This courses aims to give an overview of worldwide legislation with regard to the creation of websites. During the first part of my course (corresponding to these slides), I give the basics about intellectual property (patent, trademark, copyright, digital rights management). Next I focus on database rights, software licenses and personal data processing (have a look to my other slideshows).
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
Information technologies and legislation part.1: Intellectual PropertyMorgan Magnin
This material comes from the course I give to 2nd year-students at Centrale Nantes who follow the "Webstrategies and development" program. During this semester long program, students have the opportunity to develop a sound understanding of current web marketing techniques and to put these techniques into practice through real professional missions undertaken with our partners. All courses are given in English. More information on our blog: https://pedagogie.ec-nantes.fr/web-sd/
This courses aims to give an overview of worldwide legislation with regard to the creation of websites. During the first part of my course (corresponding to these slides), I give the basics about intellectual property (patent, trademark, copyright, digital rights management). Next I focus on database rights, software licenses and personal data processing (have a look to my other slideshows).
Adelphi consulting understanding film and intellectual property presentation ...Adelphi Consulting
A presentation delivered by Principal Partner Adelphi Consulting, Ese Oraka, at the Film Production Fund/Project Nollywood Act/LBS Entrepreneurial Development Service Capacity Building Workshop, Lagos, Nigeria.
The Federal government launched Project ACT, a 3 billion naira film intervention fund managed by the Ministry of Finance and the Ministry of culture and tourism. A sub component of this fund is the Film Production Fund 700 million Naira film production fund with the aim of the allocating grants to production companies and independent producers who were at different stages of production.
Sometime in April, prequalified applicants for the fund- as part of the process- attended two day workshops organized in conjunction with Lagos Business School in Lagos, Kano and Abuja. Here, they were expected to receive training on things that related to the business side of film production, and participants attended session’s on business modeling business planning and related stuff.
For those who were not there or for those who were there and didn’t get the slides; feel free to download and share with your relevant networks.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
Protect Your Rights: Managing Intellectual Property RisksErin L. Webb
I presented as part of a panel at PAX Dev 2015 that discussed intellectual property risks for video game developers and producers, and how to manage those risks. My focus was on the availability of insurance coverage to protect against IP infringement claims, and how to maximize your insurance once you have it.
Information on some of the copyright issues when creating digital content on the web - licences, tracing copyright holders. Focus is on UK law, but relevant internationally
Slides form GeoHCI workshop in Paris (part of CHI 2013), Sat 27th April 2013
About different kinds of maps, mobile heritage project on Tiree and Alan Walks Wales, local maps and local identity, linear maps and liminal communities
Adelphi consulting understanding film and intellectual property presentation ...Adelphi Consulting
A presentation delivered by Principal Partner Adelphi Consulting, Ese Oraka, at the Film Production Fund/Project Nollywood Act/LBS Entrepreneurial Development Service Capacity Building Workshop, Lagos, Nigeria.
The Federal government launched Project ACT, a 3 billion naira film intervention fund managed by the Ministry of Finance and the Ministry of culture and tourism. A sub component of this fund is the Film Production Fund 700 million Naira film production fund with the aim of the allocating grants to production companies and independent producers who were at different stages of production.
Sometime in April, prequalified applicants for the fund- as part of the process- attended two day workshops organized in conjunction with Lagos Business School in Lagos, Kano and Abuja. Here, they were expected to receive training on things that related to the business side of film production, and participants attended session’s on business modeling business planning and related stuff.
For those who were not there or for those who were there and didn’t get the slides; feel free to download and share with your relevant networks.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
Protect Your Rights: Managing Intellectual Property RisksErin L. Webb
I presented as part of a panel at PAX Dev 2015 that discussed intellectual property risks for video game developers and producers, and how to manage those risks. My focus was on the availability of insurance coverage to protect against IP infringement claims, and how to maximize your insurance once you have it.
Information on some of the copyright issues when creating digital content on the web - licences, tracing copyright holders. Focus is on UK law, but relevant internationally
Slides form GeoHCI workshop in Paris (part of CHI 2013), Sat 27th April 2013
About different kinds of maps, mobile heritage project on Tiree and Alan Walks Wales, local maps and local identity, linear maps and liminal communities
Creating and Sustaining Skeptical TeamsMike Cardus
Workshop slides from Center for Inquiry Leadership Conference. How can you create & sustain teams of skeptical people that are able to keep their diverse knowledge and expertise while avoiding group think and spinning into an asphyxiating death spiral?
Mike Cardus' How Teams Work - Biggest Team Leader Meeting Mistake Mike Cardus
Team Leaders’ Biggest Team Meeting Mistakes
Give members the chance to get to know one another, build trust, voice expectations and goals, establish credentials, discuss desired roles, raise concerns, etc…
This approach is viewed by some as waste of time instead of a necessary step in creating high performance.
When teams have problems later, everyone gets frustrated and things come to a halt.
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
Presentation given to the Chicago Lean Startup Circle on Dec. 1, 2011.
In a lean startup, getting product-to-market-fit is everything. Along the way, consider core IP issues to make sure your startup owns all of the value that you are adding. You can also have lean IP, just make sure you fully understand the implication of bootstrapping.
As always, consult with a lawyer if you have questions or concerns.
How to Protect Your Intellectual Propertyideatoipo
In this webinar the speaker discusses:
1) How to determine the difference between types of intellectual property
2) How strategies can be pursued in creating intellectual property
3) How to integrate strategies in writing a patent application
4) How strategies directly influence the value of a patent
5) How to determine whether a patent application has been created well
6) How to show potential patent infringement
and more!
About the Speaker:
As a patent attorney, Britten Sessions provides patent and licensing-related legal counsel to groups of all sizes – from individual inventors to Fortune 500-sized companies. Mr Sessions has advised on hundreds of patent enforcement, acquisition, licensing and other monetization transactions. To that end, he has assisted companies in monetizing patent assets yielding over $100 million in returns. Additionally, he has assisted in turning unmarketable pending patent portfolios into viable revenue streams supported by seven to eight-digit transactions.
Additionally, Mr Sessions is Associate Dean of Intellectual Property at Lincoln Law School of San Jose, where he also founded and directs its IP Clinic. He teaches classes relating to IP, patent practice and portfolio strategies. In addition, he has authored several peer-reviewed publications and eight IP-related books. Mr Sessions has been repeatedly ranked as a world leading IP Strategist by IAM (2016-2021), and recognized as an lawyer by Super Lawyers (2016-2021) and by Silicon Valley Business Journal "Top 40 under 40" (2016).
Plagiarism, Copyright and Fair Use in Business Communicationsschubert b2b
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http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
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The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
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2. Agenda
• Trademark
• Copyright
• How does digital publishing and online connectivity
change or ‘complicate’ these two areas of
intellectual property law?
3. Intellectual Property
• Trademarks: symbols, words, sounds that
distinguish goods and services
• Copyrights: ownership interest in creative works
• Patents: inventions and processes
• Trade secrets: proprietary, secret information that a
business is dependent upon (manufacturing
processes)
• Negative right: Prevent others from doing something
(infringing!)
4. Trademark
• Why/how does the internet provoke a re-
examination of trademark law?
• What policy is behind laws, regulations, cases that
impact trademark law and the internet?
• In other words, what outcomes is the law trying to
prevent with trademark law generally? With
trademark law and the internet specifically?
5. Trademarks generally
• Words, symbols, sounds, images, video indicate the
source of goods/services they represent
• Indicate source! And distinguish goods and services
in the marketplace
• Hugely important to consumer protection because
consumers trade on reputation. What does this
mean?
6. Likelihood of confusion
• Main test of infringement
• A holder asserts confusion as evidence of
infringement (not intention!)
• A potential infringer asserts lack of confusion as a
defense
• Not always clear!
• Lexus, BandAid, CleanEx
7. Symbols and renewal
•® ℠ ™
• 10 year initial registration with unlimited
renewals
• Copyright and patent have limits; Why don’t
trademarks?
8. Lanham Act
• Foundational federal 1946 law of trademark
• Prior to Lanham Act most trademark rights were
maintained via enforcement of rights in individual
states under common law—labor intensive!
• Any word, name symbol or device used to
distinguish one company’s goods or services from
another
• Anything that can be viewed or heard
9. Kinds of marks
• Trademarks: Used to distinguish goods
• Service marks: Used to distinguish services
• Collective marks: Used to distinguish organizations
• Certification marks: Used to establish quality by third
parties (Cordon Bleu, ISO etc.)
• Distinction is sort of artificial; Colloquially these are
all marks and almost universally referred to as
‘trademarks’
10. The Distinctiveness
Continuum
• Must be unique to be registerable
• Why?
• Generic to descriptive to suggestive to
arbitrary/fanciful
• Generic not registerable
• Descriptive sometimes registerable
• Suggestive always registerable
• Arbitrary/fanciful always registerable
11. Trade dress
• Applying distinctiveness to product design and
packaging
• What does the incredibly creep SG Services v.
God’s Girls case tell us about trade dress and
websites?
• Trade dress is an incredibly important area of law
where design and intellectual property interests
intersect in terms of web site look and feel
12. Infringement
• Standard is likelihood of confusion
• Lesser standard dilution when no confusion is likely
to occur because the infringement can lessen the
value/impact of the mark
• Dilution is only available to famous marks. Why?
• Dilution can occur by blurring or tarnishment; What’s
the difference?
13. Online infringement (pp 113-17)
• Linking and deep linking
• Framing and in-line linking
• Metatags
• Initial Interest Confusion
• Sponsored advertising and search
• Which of these if any represent infringement?
Thoughts? Concerns?
• What role does initial interest confusion play in all of
this? Does this standard need some clarification
15. Domain names and
trademark
• Lots of opportunistic behavior here that could harm
consumers and create confusion
• Cybersquatting
• TypoSquatting
• ACPA requires bad faith; How is this defined?
16. ACPA Bad Faith (9
requirements!)
• Offer to sell to owner for a fee
• False contact info
• Register multiple names that are similar
• No particular reason to use the name
• No use of domain to sell goods or services or
promote a cause
• Attempt to divert from the trademark owners
websites
• Registers a mark similar to one on the distinctive
end of continuum
18. Copyright
• Off all intellectual property copyright is the most
ubiquitous, far reaching an important to the internet.
Why?
19. What can be
copyrighted?
• Literary/written works
• Music
• Dramatic presentations
• Choreography
• Pictures, graphics and sculpture
• Film
• Sound recordings
• Architecture
• Must be original, fixed and registered before there can
be infringement
20. Works for hire
• Copyright holder is the business who hires the
author
• Contractual arrangement whereby someone
bargains away their exclusive rights in return for
employment rights and privileges
21. Copyright Act of 1976
• Almost exclusively federal since it is a constitutional
right
• To 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. Article 1, Section 8,
Clause 8
• Enforced at common law prior to creation of Act
22. Why do we copyright?
• Mostly economic welfare and development of new
ideas
• What does this mean?
23. Exclusive Rights
• Core of copyright is to control a creative or artistic
work and not allow others to use or gain an
economic benefit from its existence without you
agreeing to that use
• Copyright prevents/limits reproduction, preparation
of a derivative work, distribution (renting or selling),
public performance, public display, digital
transmission
24. Derivative works
• Copyright prevents the creation of derivative works
as well
• Movies from books, songs from poems, collections
of clips into a new work for advertising or
entertainment
25. File sharing and distribution
• Is it distribution?
• Depends upon the architecture of the site and how
the sharing is established
• What does this mean?
26. Public performance/display
rights and the internet
• Is loading a clip on YouTube with your friends
dancing and singing along to a popular song playing
in the background a public performance or display?
27. Limitations on exclusive
rights
• Duration-copyright is not indefinite! Eventually
copyrighted materials make their way into the public
domain. How? Why?
• Fair use: Education or parody/satire
• First sale doctrine (applies to distribution only) and
says a legally acquired copy can be sold without the
original copyright holder’s permission
30. Remedies
• Damages: actual or statutory (sometimes hard to
determine real harm so statute provides amounts
per incident); What is the policy idea behind
statutory damages? How are they like fines?
• Injunctions
• Criminal liability (prison sentences and fines)
32. Secondary copyright
liability
• Liability of one party based upon infringement of
another
• Contributory liability: One has knowledge of
infringer’s actions and contributes to the
• Vicarious liability: One benefits from the infringer’s
actions
• Inducement liability: One creates a device or
process and encourages others to use it for
infringement purposes
33. Digital Millennium
Copyright Act
• Response to technology changes and their impact
on copyright
• What policy considerations do you see here?