Ba 200 1st EditionFinal Exam Study GuideChapter 15: Business Property - Intangible Personal Property o Patents, Copyrights, Trademarks, Trade Names, Trade Dress- Patentso 20 Years From Filing/14 Years for Design Patento Exclusive Rights to Use and Profitso Using the Idea Without Consent Constitutes Infringement- Copyrights o Protect Authors of Books, Magazine Articles, Plays, Movies, Songs, Dances, Photographso Runs For Lifetime of Author Plus Seventy Yearso 120 Years From Creation or 95 Years From Publication, Which Ever is Shorter, if Company Holds Rights Great Gatsby is not copyrighted, but our textbook is o Federal Statutes: Sonny Bono Copyright Extension Act Digital Millennium Copyright Act Computer Software Copyright Act of 1980o Works Automatically Copyrighted But No Suits Can be Filed Until the Copyright Office is Given a Copyo Damages Include Profits, Costs, Attorney’s Feeso Fair Use is Permitted—Short Quotes; Research Copies, Criticism, Commentary and Parody- Trademarks o Words, Pictures, Designs, or Symbols Used to Identify a Producto Lanham Act of 1946 and Subsequent Amendments Provide Protectiono Recent Changes Allow Registration Prior to Use of the Trademarko Dilution Federal Trademark Dilution Act (an Amendment to the Lanham Act)- Passed in 1996, Protects against dilution of trademarks and includes both profit and non-profit uses- Trade Dresso Colors, Shapes, and Designs Associated With a Product Work uniform o Penalties for Infringement Civil suits, Criminal penalties- Infringement and the Web o Cyber Infringement Federal Trademark Dilution Act, Applies to Internet, Self-enforcingo Cybersquatting the common law notion of squatter’s rights prevails- Enforcing Business Rightso Misappropriation: Protects business trade secrets such as the customer list  Some theft, espionage or bribery must be used to obtain secret informationChapter 11: Environmental Regulations- Common Law Remedieso Nuisance: Interference with use and enjoyment  Damages and injunction possible- Statutory Environmental Lawso Air Pollution Regulation: Air Pollution Control Act (1955) Clean Air Act (1963) Air Quality Act (1967/1990)o Clean Air Act Amendments of 1970:  EPA authorized to establish standards , EPA approval required for plans  Economic and technological issueso Clean Air Act Amendments of 1977:  Non-attainment areas Prevention of significant deterioration (PSD) areaso 1990 Amendments to Clean Air Act:  Focuses on smog, alternative fuels, toxic emissions, and acid rain Federal implementation plan (FIP)  Plans must use maximum achievable control technology (MACT)o 1990 Amendments to Clean Air Act  Acid rain covered: Sulfur dioxide pollution from factories and coal-fired generating plants Affected small businesses such as dry cleaners, paint shops, and bakerieso Water Quality Act of 1965 Created Federal Water Pollution Control Administration (FWPCA) States required to establish water quality standards  No enforcement procedures—states did littleo Water Pollution Regulation Rivers and Harbors Act of 1899:- Prohibited discharges into navigable waters- Most industries got around the act quickly by obtaining the permitsrequired under the acto Water Pollution Regulation: Federal Water Pollution Control Act of 1972  Federal government responsible for standards and control National Pollution Discharge Elimination Permit (NPDES) Renamed Clean Water Act in 1977o Safe Drinking Water Act  Passed in 1986, States responsible for enforcement but must have minimum federal standards for drinking water systemso Oil Pollution Act of 1990 Passed in response to huge spills like Exxon Valdez Companies must either clean up spill or pay federal government its costs for the clean-up Applies to all navigable waters up to 200 miles offshore- BP and the Troubling History with Budget Cutso Texas City Refinery 15 deaths; 170 workers injured, 4000 suits totaling $2.1 billion in damages OSHA found 271 safety violations at the plant; they were not addressed prior to the explosion; Post-explosion, 439 “willful and egregious violations”o Findings on BP Atlantis problems Employee safety officer: “You only ever got questioned on why you couldn’t spend less.”- Statutory Environmental Lawso Solid Waste Disposal Regulation Toxic Substances Control Act of 1976- EPA controls manufacture and disposal of toxic substances Resource Conservation and Recovery Act of 1976- Regulates methods of disposal through a permit system- Discourages dumping- Superfundo “SUPERFUND”: Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA) Suit can be brought to recover funds expended from company responsible for the dumping 1986 amendments Superfund Amendment and Reauthorization Act  EPA can now sue to recover clean-up funds from those who are responsibleo Liability For Clean-Up Cost May Extend to Lenders o Under the Asset Conservation, Lenders Liability, provides exemptions for banks, andDeposit Insurance Protection Act of 1966, Lenders are Protected From Liability So Long as They Do Not Participate in the Management of the Propertyo Four Cases of Responsible Parties: Owners and operates at the time of contamination Current owners and operators - whether they were responsible for the contamination or not Transporters of the hazardous material Those who arranged for transport of the hazardous materialso Guidelines for Self-Audits The violations were uncovered as part of a self-audit or due diligence done on property The violations were reported to the EPA within 10 days There is correction of the violations within 60 days There is a written agreement that the conduct will not recur There is no serious harm to anyone as a result of the violation- Brownfield Issueso Many CERCLA Sites That are Abandoned and/or Unused- Environmental Qualityo Environmental Quality Regulationo National Environmental Policy Act of 1969  Requires federal agencies to file environmental impact statements for all major actions (EISs) Only for projects that require federal fundso Content of EIS: Environmental Impact Statement  Environmental impact, Adverse effects, Alternatives, New effects - short term versus