Intellectual Property 12 31 2020 Grelecki BUSA 2106 1 Intellectual Property The legal rights which result from intellectual activity in the industrial scientific literary and artistic fields WIPO IP Handbook Four Main Types 1 Patents 2 Trademarks 3 Trade Secret 4 Copyright 12 31 2020 Grelecki BUSA 2106 2 Intellectual Property Patents Source of Law Patent Act federal Theory Offer a limited monopoly exclusive right to make use and sell to encourage production of utilitarian works as long as inventor provides immediate disclosure files for patent for the ultimate enrichment of the public domain Subject Matter Designs Utilities Plants Excludes laws of nature natural phenomenon abstract ideas Standard for Protection You must file a patent application with the USPTO and your invention must be Useful has utilitarian value rarely an issue Novel something new as compared to prior art Non Obvious to one skilled in the art as compared to prior art 12 31 2020 Grelecki BUSA 2106 3 Intellectual Property Patents Most Common Types of Patents Utility Most often sought type of patents Protect available for 1 machines concrete things with parts that do stuff 2 manufacture things made from raw materials 3 compositions of matter new mix of substances 4 processes methods steps acts producing a result Protects the way things are used and how they work function Last for 20 years from date of filing patent application Design Protect the appearance shape aesthetics of manufactured articles Protect the way things look and feel Can be issued in conjunction with a utility patent Issued for 14 years from date of grant After the 20 or 14 years the invention enters the public domain comes off patent and anyone can make sell use 12 31 2020 Grelecki BUSA 2106 4 Intellectual Property Patents Infringement Unauthorized making use or sale of patented utility or design Can occur even if product not in commerce Can occur even if not all features parts of the product are copied unless a process all steps must be copied to infringe upon patented process Can result in Injunction Lost profits damages Royalties damages or deal 12 31 2020 Grelecki BUSA 2106 5 Intellectual Property Trademarks Source of Law Lanham Act federal unfair competition law state common law Theory Provide perpetual protection for distinctive nonfunctional names and dress colors symbols in order to maintain quality of information in the marketplace and avoid customer confusion regarding source of goods services Subject Matter Trademarks distinctive sign indicator logo Trade Dress characteristics of the visual appearance of a product or its packaging Service Marks source of services not goods Certification Marks e g Good Housekeeping Collective Marks e g CPA Standard for Protection Your mark must be distinctive be in use in commerce and be famous OR take on secondary meaning no requirement to file registration but registration has benefits Use the symbol Access to Federal Courts Lanham Act Assist with foreign registration Notice to others of exclusive ownership BK Mattoon IL 12 31 2020 Grelecki BUSA 2106 6 Intellectual Property Trademarks A word phrase symbol and or design that identifies and distinguishes the source of the goods services of one company from those of others The law seeks to avoid confusion so others cannot use your mark in such a way that would dilute the power of your mark people uncertain of what mark represents Distinctiveness is key Marks must be sufficiently distinctive from others to avoid confusion Typically must be fanciful arbitrary suggestive invented words If not distinctive must have Secondary Meaning Descriptive terms geography personal names are not distinct Such terms take on secondary meaning when customers begin to associate terms to trademarked items Depends on advertising sales etc Generic terms are NOT distinctive Cannot refer to entire class of products A distinctive mark can become generic i e Kleenex Q Tip Band Aid Ziploc Escalator 12 31 2020 Grelecki BUSA 2106 7 Intellectual Property Trademarks Infringement Unauthorized use of the mark which creates likelihood of confusion about origin of goods services Must be similar goods services not too far removed Hall Oats TM Can result in Injunction Money damages Destruction of infringing goods 12 31 2020 Grelecki BUSA 2106 8 Intellectual Property Trade Secrets Source of Law Defend Trade Secrets Act of 2015 effective May 11 2016 Uniform Trade Secrets Act state statutes and resulting common law Theory People need to be free to contract and avoid unfair means of competition tell people stuff without them using it to compete against me Subject Matter Formula Customer List Techniques Methods Systems Processes Procedures Standard for Protection Information must not be generally known or available creating commercial value giving you a competitive advantage b c only you have know it AND owner must take reasonable steps to maintain its secrecy No registration requirements Owners must be careful to share only with those employees who need to know which is why you see confidentiality non disclosure and non compete agreements for employees 12 31 2020 Grelecki BUSA 2106 9 Intellectual Property Trade Secrets Misappropriation TS equivalent of infringement D obtains trade secret by improper means theft breach of agreement OR D publishes trade secret knowing someone else obtained it improperly Can result in Injunction or Money damages Now with DTSA owner can sue in Federal court 12 31 2020 Grelecki BUSA 2106 10 Intellectual Property Copyrights Source of Law Copyright Act of 1976 federal Theory Offer a limited monopoly to encourage the authorship of expressive works Works created after 1 1 1978 automatically protected for life of the author plus 70 years works by more than one author expire 70 years after death of last surviving author Anonymous pseudonymous works works for hire expire 95 years from date of publication or 120 years from date of creation whichever expires first Subject Matter Expressions of ideas not ideas themselves Idea Expression Dichotomy Literary works Musical works and accompanying words Sound recordings Dramatic works and accompanying music Pantomimes and choreographic works Pictorial graphic and sculptural works Motion pictures and other audiovisual works Architectural works Standard for Protection Your work must be original authored by you and fixed in a tangible medium 12 31 2020 Grelecki BUSA 2106 11 Intellectual Property Copyrights Registration Can register