Schedule Today Oct 22 Discuss homework assignment due on exam day Discuss extra credit material for Exam 2 Intellectual Property Tuesday Oct 27 Review for Exam 2 please bring clickers to class Thursday Oct 29 Homework assignment due at start of class Exam 2 in class Bring your own green scantron form and a pencil Arrive early to check in with picture ID 33 questions plus 3 extra credit questions 100 points 10 True False 15 short multiple choice 8 long multiple choice Preparing for Exam 2 Homework assignment on D2L due in class on exam day Short answer analysis Not essay PowerPoints and study guide on D2L First step learn contract law terminology Second step apply concepts review scenarios examples from class Intellectual Property Law Laws protecting ideas creations of the mind such as inventions literary and artistic works designs symbols names and images used in commerce Patents Trade Secrets Copyrights Trademarks IP Law and the US Constitution 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 Do economic incentives spur creativity How often is personal creativity financially motivated Patent Law Patentable ideas are inventions or discoveries of new useful and non obvious processes or machines Patent protection exclusive rights for 20 years or 14 years File patent application before public disclosure of idea Patents are public knowledge Users pay royalty license fee Patents Famous Examples Amazon One Click Apple v Samsung Western Union v AT T Pfizer Lipitor drug for cholesterol Trade Secret Law Definition valuable business information that a company makes efforts to keep confidential Patents public disclosure and monopoly for about 20 years Trade secrets monopoly for as long as it remains secret Trade Secrets Famous Examples Coca cola recipe Also WD 40 McDonald s Big Mac Sauce Krispy Kreme Doughnuts New York Times Best Seller List Barbie v Bratz Dolls Copyright Law Exclusive right to use original works of authorship Books plays music art and other original works Software and web pages Automatic protection once fixed in a tangible form of expression i e written down Protection for author s life plus 70 years then public domain Works made for hire publication 95 yrs or creation 120 yrs Copyright Law Why register with the Copyright Office Necessary to sue for copyright infringement And treble damages and attorney s fees if registered within 3 months Copyright notice symbol author date of first creation Jane Doe 2011 Copyright Law Fair Use Fair use is an exception to an owner s exclusive rights Factors to consider Commercial vs non commercial use Factual vs creative material Portion vs whole Effect on potential market for the work Copyrights Famous Examples Mike Tyson s tattoo artist vs The Hangover Part II Napster vs Music Studios Trademark Law Word symbol phrase to identify and distinguish products Strong vs weak trademarks Arbitrary fanciful Exxon McDonalds Suggestive Coppertone for sun tan lotion Descriptive All Bran Vision Center Burger King Generic Cola vs Coke Computer vs Dell Ownership of Trademarks Unregistered trademark Registered trademark Why register Nationwide rights potentially Sue for infringement including treble damages and attorney s fees After five years incontestable rights to the trademark Trademarks can last forever if company continues to use them Loss of Trademark Rights Mark is abandoned Mark becomes generic FedEx Trademark infringement likelihood of confusion Strength of the mark Proximity of the goods Similarity of the markets Trademarks Famous Examples Adidas vs Payless Trademarks Famous Examples OSU NMSU and WY Generic image or unique to OSU Similar markets Similar geography Schedule Today Oct 22 Discuss homework assignment due on exam day Discuss extra credit material for Exam 2 Intellectual Property Tuesday Oct 27 Review for Exam 2 please bring clickers to class Thursday Oct 29 Homework assignment due at start of class Exam 2 in class Bring your own green scantron form and a pencil Arrive early to check in with picture ID 33 questions plus 3 extra credit questions 100 points 10 True False 15 short multiple choice 8 long multiple choice