Chapter 9 Internet Law and Intellectual Property PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 9 Internet Law and Intellectual Property Prentice Hall © 2007
What Is Intellectual Property? Intellectual property includes objects such as inventions, writings, trademarks, etc. , which are often a business’s most valuable asset. Prentice Hall © 2007
Trade Secrets A formula, design, customer list, or other secret that sets a business apart from competitors Uniform Trade Secrets Act Owner of a secret must take reasonable precaution to protect it. Defendant must have acquired a trade secret through unlawful means. Prentice Hall © 2007
Protection for Intellectual Property Patents Copyrights Trademarks and other marks Prentice Hall © 2007
Patenting an Invention To be patented, the invention must be: Novel Useful Nonobvious Prentice Hall © 2007
What Can Be Patented? Patentable subject matter includes: Machines Processes Improvements to existing machines, processes, or compositions of matter Designs for an article of manufacture Living material invented by a person Prentice Hall © 2007
One-Year “On Sale” Doctrine 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. Prentice Hall © 2007
Patent Infringement Unauthorized use of another’s patent A patent holder may recover damages and other remedies against a patent infringer. Prentice Hall © 2007
Copyrights Protects tangible writings Examples of protected property include: Books Newspapers Musical compositions Motion pictures Maps Photographs Prentice Hall © 2007
Copyright Infringement Infringement occurs when a party copies a substantial part of the plaintiff’s copyrighted work without permission. Prentice Hall © 2007
Fair Use Doctrine The Fair Use Doctrine permits certain limited use of copyrighted material without permission. Examples of fair use include: Quote for review Parody or satire Academic Brief quote in news report Prentice Hall © 2007
Digital Millennium Copyright Act Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology. Prohibits the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protection. Prentice Hall © 2007
Trademarks Trademark law is intended to: Types of marks Protect the owner’s investment and goodwill in a mark Prevent consumers from being confused as to the origin of goods and services Types of marks Trademark Service marks Certification marks Collective marks Federal Dilution Act Prentice Hall © 2007
Trademark Protection To qualify for protection The mark must be distinctive, or The mark must have acquired a secondary meaning. Trademark protection may be lost if a trademarked term becomes a generic name for similar products. Prentice Hall © 2007
Length of Terms Patent Copyright Trademark Manufactured articles and processes: 20 years Design patents: 14 years Copyright Individual registrant: life of the author plus 70 years Business registrant: the shorter of either 120 years from the date of creation or 95 years from the date of publication Trademark Original registration 10 years Unlimited number of renewals for 10-year terms Prentice Hall © 2007
Internet Law Electronic Communications Privacy Act Protects stored email as well as transmissions Internet Service Provider (ISP) Not a “publisher” for purposes of criminal activities Prentice Hall © 2007