Chapter 9 Intellectual Property October 27th 2014 9 0 Introduction Introduction Reverse Engineering Process of tearing down a finished good to its components to figure out how it was designed or manufactured Bill of Material BOM List of components constituting an assembled good Intellectual Property Intangible property the product of human ingenuity protected by law o Known as IP Infringe To step on or violate someone else s property rights Table 9 1 Intellectual Property Regimes 9 1 Constitutional Roots Learning Objectives Understand the constitutional roots for providing legal protection to intellectual property Explore the tension between content producers and the public good and how Congress resolves this tension Known As Copyright Clause Article 1 Section 8 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 United States Patent and Trademark Office USPTO o Federal agency which approves patent applications and officially grants trademark status to qualified marks o Court can determine the validity of a patent or trademark application Copyright Clause Within Article I Section 8 of the U S Constitution that authorizes Congress to pass laws protecting intellectual property o Constitution addresses only copyrights and patents but modern IP law includes trademarks and trade secrets Allows the government to create a special kind of monopoly around IP o Copyright Clause permits the federal government to protect certain products of the mind just as much as it protects personal land or money Sides of monopolies o Producer Wants the monopoly to last long o Consumer Wants the monopoly to end Cause Conflict Strikes a compromise between producer and consumer by stating that o Congress can grant the monopoly only to promote the progress of Science and Useful Arts o Whatever monopoly Congress grants has to be for a limited time Public Domain Any intellectual property not protected by law and freely available for any member of the public to use o Does not state how long the monopoly can last Leaves the task to Congress
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