1. MT311 – Business Law I Seminar Presentation UNIT 3 Criminal Law and Cyber Crimes I. Chapter 5, Intellectual Property and Internet Law II. Chapter 6, Criminal Law and Cyber Crime

2. MT311 – Business Law I Intellectual Property and Internet Law 2

3. Intellectual Property What is intellectual property? Intellectual property is property resulting from intellectual, creative processes: information, software, music, and movies, for example. 3

4. Types of Intellectual Property Laws protecting intellectual property are designed to protect and reward inventive and artistic creativity. Trademarks/Servicemarks Patents Copyrights Trade Secrets 4

5. Trademarks Trademarks Distinctive motto, mark or emblem Stamped or affixed to a product So that it can be identified in the market Statutory Protection Federal Lanham Act of 1946 Federal Trademark Dilution Act of 1995 5

6. Trademarks and Related Property Service Mark Similar to trademark but used for services Certification Mark Used to certify accuracy of owner’s goods or services - “Good Housekeeping” Collective Mark Certification used by members of an organization Cyber Mark Domain Names 6

7. Patents Patent A Government monopoly that gives inventor the exclusive right to make, use or sell and invention for 20 years What is Patentable? Invention Design Process (software patent) 7

8. Copyrights Copyrights Intangible property right granted by federal statute to the author for life plus 70 years Automatic protection Work must be original and “fixed in a durable medium.” Ideas are not protected, but the expression of an idea is Statutory Protection Copyright Act of 1976, as amended World Intellectual Property Organization Treaties Digital Millennium Copyright Act of 1998 Computer Software Copyright Act (1980) 8

9. Trade Secrets Business processes and information that are not or cannot be patented, copyrighted, or trademarked Trade secrets are confidential, not filed with the government - can be customer lists, formulas, pricing, etc. Generally anything that makes an individual company unique and that would have value to a competitor Statutory Protection The Uniform Trade Secrets Act Economic Espionage Act 9

10. MT311 – Business Law I Criminal Law and Cyber Crimes 10

11. Civil Law vs. Criminal Law 11

12. Crimes What two elements must exist before a person can be held liable for a crime? (1) the performance of a prohibited act and (2) a specified state of mind or intent on the part of the actor Can a corporation be liable for crimes? A corporation may be held liable for crimes that their agents and employees commit within the course and scope of their employment. 12

13. Civil and Criminal Prosecution 13

14. Categories of Crimes What are the five broad categories of crimes? (1) violent crime (crimes against persons) (2) property crime (3) public order crime (4) white-collar crime, and (5)organized crime. What is white-collar crime? White-collar crime is an illegal act or series of acts committed by an individual or business entity using some nonviolent means usually in the course of a legitimate occupation. 14

15. Types of Crimes 15

16. Defenses to Criminal Liability Infancy Insanity Intoxication Mistake Consent Entrapment Distress Duress Justifiable Use of Force Immunity Statute of Limitations 16

17. Things to Consider Do you think that criminal procedure in this country is weighed too heavily in favor of accused person? Can you think of a fairer way to balance the constitutional rights of accused persons against the right of society to be protected against criminal behavior? Should different criminal procedures be used when terrorism is involved? 17

18. Questions & Reminders Questions on Unit 3 material? Unit 3 Grades Available by Monday Remember to complete all Assignments – Review (Graded Automatically) – Discussion (See Discussion Board Posting Requirements) – Activity – Case Analysis 18