tailieunhanh - Lecture Business law: The ethical, global, and e-commerce environment (13/e): Chapter 8 - Mallor, Barnes, Bowers, Langvardt
In this chapter we will discuss: Differentiate the various intellectual property rights: patent, copyright, and trademark; describe infringement and defenses; explain misappropriation theory and the importance of trade secrets; identify the elements a plaintiff must prove in unfair competition claims. | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Intellectual Property & Unfair Competition P A E T R H C 8 “I dream for a living.” Steven Spielberg, quoted in Time magazine, July 1985 Learning Objectives Infringement of intellectual property rights Misappropriation of trade secrets Unfair competition - intentional torts Unfair competition – the Lanham Act 8 - PATENT: Engine design, business methods TRADEMARK Logo, trade name COPYRIGHT Sales materials, artwork Types of Intellectual Property Marketing materials for Case Construction Equipment 8 - The brochures indicate all the forms of intellectual property: engineering patents, design patents, business methods for sales support, logo and trademark, copyrighted materials, etc. Intangible right granted by statute to the author or creator of certain tangible literary or | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Intellectual Property & Unfair Competition P A E T R H C 8 “I dream for a living.” Steven Spielberg, quoted in Time magazine, July 1985 Learning Objectives Infringement of intellectual property rights Misappropriation of trade secrets Unfair competition - intentional torts Unfair competition – the Lanham Act 8 - PATENT: Engine design, business methods TRADEMARK Logo, trade name COPYRIGHT Sales materials, artwork Types of Intellectual Property Marketing materials for Case Construction Equipment 8 - The brochures indicate all the forms of intellectual property: engineering patents, design patents, business methods for sales support, logo and trademark, copyrighted materials, etc. Intangible right granted by statute to the author or creator of certain tangible literary or artistic productions Can’t copyright an “idea” Registration not required, but recommended Applicable law: Copyright Protection Act and the Copyright Term Extension Act Copyright 8 - The hyperlink is to the . Copyright Office. Protection automatic; registration not required, though recommended Works created after 1/78 are given protection for life of author + 70 years Protection for a work-for-hire (corporation owns copyright) is 95 years from first publication or 120 years from creation, which ever comes first Example: Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. Facts & Procedural History: Defendants Grokster and StreamCast Networks, Inc. distributed free software that allowed computer users to share electronic files through peer-to-peer networks Many copyright owners (collectively referred to as MGM) filed separate lawsuits against defendants and the cases were consolidated MGM sought damages and injunction alleging that defendants knowingly .
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