SchedulePreparing for Exam 2Intellectual Property LawIP Law and the US ConstitutionPatent LawPatents – Famous ExamplesTrade Secret LawTrade Secrets – Famous ExamplesCopyright LawCopyright LawCopyright Law – Fair UseCopyrights – Famous ExamplesTrademark LawOwnership of TrademarksLoss of Trademark RightsTrademarks – Famous ExamplesTrademarks – Famous ExamplesScheduleSchedule•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 choicePreparing 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•TrademarksIP 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 cholesterolTrade 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 secretTrade 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 DollsCopyright 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 yrsCopyright 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 2011Copyright 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 StudiosTrademark 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 themLoss 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 marketsTrademarks – Famous Examples•Adidas vs. PaylessTrademarks – 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