1. Prentice Hall © 20051 PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 8 Intellectual Property and Information Technology

2. Prentice Hall © 20052 What Is Intellectual Property? Intellectual property is objects such as inventions, writings, trademarks, etc., which are often a business’s most valuable asset

3. Prentice Hall © 20053 Types of Intellectual Property Patents Copyrights Trademarks and other marks Service marks Certification marks Collective marks

4. Prentice Hall © 20054 Patents To be patented, the invention must be: Novel Useful Nonobvious

5. Prentice Hall © 20055 What Can Be Patented? Machines Processes Compositions of matter Improvements to existing machines, processes, or compositions of matter Designs for an article of manufacturer Asexually reproduced plants Living material invented by man

6. Prentice Hall © 20056 Public Use Doctrine A patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application

7. Prentice Hall © 20057 Patent Infringement Unauthorized use of another’s patent A patent holder may recover damages and other remedies against a patent infringer

8. Prentice Hall © 20058 Copyright Only tangible writings, i.e., writings that can be physically seen, are subject to copyright registration and protection Examples include: Books Periodicals Newspapers Lectures Sermons Addresses Musical compositions Plays Motion pictures Radio and television productions Maps Works of art, including paintings, drawings, sculpture, jewelry, glassware, tapestry, and lithographs Architectural drawings Photographs

9. Prentice Hall © 20059 Copyright Infringement and Fair Use Copyright infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission The Fair Use Doctrine permits certain limited use of a copyright by someone other than the copyright holder without permission of the copyright holder

10. Prentice Hall © 200510 Digital Millennium Copyright Act Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology that protects the intellectual property Prohibits the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protection

11. Prentice Hall © 200511 Trademark Trademark law is intended to: Protect the owner’s investment and goodwill in a mark Prevent consumers from being confused as to the origin of goods and services Trademarks can be registered for 10 years and can be renewed for an unlimited number of 10-year periods

12. Prentice Hall © 200512 Marks That Can Be Trademarked Trademark A distinctive mark, symbol, name, work, motto or device that identifies the goods of a particular business, e.g., Xerox Service mark Mark used to distinguish the services of the holder from those of its competitors, e.g., United Airlines Certification mark Mark that is used to certify that goods and services are of a certain quality, e.g., wines from Napa Valley Collective mark Mark used by cooperatives, associations, and fraternal organizations, e.g., Boy Scouts of America

13. Prentice Hall © 200513 Length of Terms PatentPatents on articles of manufacturer and processes: 20 years Design patents: 14 years CopyrightIndividual registrant: life of the author plus 70 years Business registrant: for the shorter of either 120 years from the date of creation or 95 years from the date of publication TrademarkOriginal registration 10 years Renewal registration: unlimited number of renewals for 10-year terms

14. Prentice Hall © 200514 Internet Law Regarding Copyright, Trademarks, and Patents Many new statutes and cases address Internet law and intellectual property. They include: Economic Espionage Act American Inventors Protection Act Computer Software Copyright Act Digital Millennium Copyright Act Federal Dilution Act