1. INTELLECTUAL PROPERTY
Objective 3.04

2. Property Real Property Personal Property Intellectual Property
The ground and everything attached to it
Personal Property
Everything, other than real property that can be owned
Intellectual Property
An original work fixed in a tangible medium of expression.

3. Intellectual Property
A product resulting from human creativity, an original work fixed in a tangible medium of expression.
Patents-Inventions
Copyrights-Movies, Songs, Plays, Literary Works, Choreography, Paintings, drawings,
Photographs
Trademarks-Products and Services
Trade Secrets-Formulas, Practice, Process, Patterns
Designs-Machines, Building, Products

4. Origin of Intellectual Property
Constitution
“To promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Article 1, Section 8, Clause 8

5. Types of Intellectual Property
Patents
Designs
Copyrights
Trademarks
Trade secrets
Service marks

6. Types of Intellectual Property(cont)
Patents
A grant giving an inventor the exclusive right to make, use, or sell an invention for a period set by Congress

7. Types of Intellectual Property(cont)
Patent law
Provides monopoly protection for inventions.
Protection much stronger than copyright.
Holder has exclusive rights to produce, use, sell the invention for a 20 year term.
Must be an original idea.
Cannot be renewed.
Patent Office receives 100,000 applications each year
“Patent Pending” & “Patent Applied For”
Patent Act

8. Types of Intellectual Property(cont)
Copyrights
A distinctive mark, symbol or slogan used by a business to identify and distinguish its goods from products sold by others.

9. Types of Intellectual Property(cont)
Designs
The process of originating and developing a plan for a new object (machine, building, product, etc.) typically resulting in a design document.
14-year term
Design law
design patent is a patent granted on the ornamental design of a functional item

10. Types of Intellectual Property(cont)
Copyright law
Protects the expression of an idea but not the underlying idea itself, i.e. composers, artists, photographers.
Minimum term of life of author plus 70 years
95 years in case of anonymous or pseudonymous works
Published and unpublished works
Protects authors of “original works of authorship,” including literary, dramatic, musical, artistic and certain other intellectual works.
Copyright clause of the U.S. Constitution
DISCUSSION
Copyright Basics

11. Types of Intellectual Property(cont)
Trademarks
A distinctive mark, symbol, or slogan used by a business to identify and distinguish its goods from products sold by others.

12. Types of Intellectual Property(cont)
Trademark law
Aid the consumer in differentiating among competing products and protect the reputation of a business.
Lanham Act
Protect Businesses from imitations
Continuous use good forever.
Renew every 10 years.
General trademarks can be lost (Corn flakes and aspirin)
WORKSHEET:
Tommy Hilfiger
WORKSHEET:
Ralph Lauren

13. Types of Intellectual Property(cont)
Trade Secrets
Confidential information, formula, process, practice, design, pattern or instrument that provides an economic advantage over the competition.

14. Types of Intellectual Property(cont)
Trade Secret law
Protection under state law against unauthorized use of confidential information.
Uniform Trade Secrets Act
Protects the economic value of information, formula, pattern compilation, program, device, method, technique or process

15. Types of Intellectual Property(cont)
Service Mark
A trademark used to identify a service rather than a product (SM).
Businesses use service marks to identify their services and distinguish them from other services provided in the same field.
Lanham Act
WORKSHEET:
Patent & Trademark
Website
POWERPOINT:
Intellectual Property
Review

16. Types of Intellectual Property
What is
Protected
Registration
Required?
Duration
Examples
Patent
Ideas, designs or
processes that are novel, nonobvious, and useful
Yes
20 years
Industrial
Chemical
Manufacturing
Processes
Prescription
drugs
Copyright
Fixed Expressions of creativity
No, but recommended
50 years
(aka 70 years past the death of the creator)
Novels, Poems, Songs, Photographs
Trademark
Distinctive mark, word, or symbol associated with a particular product
No,
but recommended
Indefinite
Logos, Emblems, Catch phrases

17. Intellectual Property Issue Today
Cyberprotection law
Product distributed digitally using computers
Music, movies, etc.
New computer products & inventions
Hardware devices
Products that use or work with computers
Software

18. Intellectual Property Issue Today
Cyberprotection law
Patents
Uniform computer Information Transactions Act
Liability for defects and errors(MD & VA Only)
Copyrights
Internet Broadcast /Duplication
No Electronic Theft Act – 1997
Copies of Software
Digital Millennium Copyright Act
Trademarks & Domain Names
Anticybersquatting Consumer Protection Act – 1999

19. Intellectual Property Issue Today
Software Piracy -The unauthorized copying of software
Bootlegging - Illegal copying and selling CD’s.
Plagiarism - The use of another's information, language, or writing, when done without proper acknowledgment of the original source
WORKSHEET:
You Be The Judge
WORKSHEET:
IP Mock Cases

20. Intellectual Property Issue Today
Clipart - is the use of images either copied or physically cut from pre-existing printed works, either books that have entered the “public domain”.

21. Intellectual Property Issue Today
Fair use policy - The doctrine, which provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

22. Intellectual Property Issue Today
Right of publicity and right of privacy - protects individual persons under state law against use of person’s likeness. (Identify theft)

23. Intellectual Property Issue Today
Trade dress law protects the appearance and image of a product or service
Packaging size
Shape
Color
Examples: décor, such as Outback Steakhouse chain
Shape of a classic Coca Cola bottle

24. Intellectual Property Issue Today
Fair use policy - A U.S. legal term for uses of content that is considered valid defenses to copyright infringement, such as for criticism or educational purposes.
Infringement-violation of a law or a right.
Worksheet
Key Terms

25. Overlapping IP Protection
An ornamental design may be protected by copyright as a work of art and also may be the subject of a design patent.
Where a copyrighted artistic representation identifies a product or service, it also may be the subject of a trademark.
In some instances, an industrial design can span patent, trademark and copyright protection.

26. Overlapping IP Protection
The Coca-Cola Contour Bottle
In 1915, Alexander Samuelson and Earl R. Dean designed the original "hobble skirt" contour bottle.
The first design patent on the bottle, D63,657, was granted on December 26, 1923, to the bottle manufacturer.

27. Overlapping IP Protection
The Coca-Cola Company received a second design patent for the contour bottle on March 24, 1937, preventing imitation of the bottle for another 14 years.

28. Overlapping IP Protection
The bottle became so well known that it became synonymous with the Coca-Cola product.
The Coca-Cola Company sought and obtained a federal trademark registration for its contour bottle on April 12, 1960, enabling the company to safeguard the bottle design indefinitely.
Trademark: Bottle, COCA-COLA, COKE
Copyright: Bottle, keychain, advertising
Trade secret: The formula
(SHHH! It’s a secret!)
Right of publicity: Use of sports figures

29. “IP Cosmetics, Inc.”
Our hypothetical company, IP Cosmetics, Inc., a cosmetics manufacturer and marketer, is headquartered in Alexandria, Virginia

30. “IP Cosmetics, Inc.”
IP Cosmetics, Inc.’s ace inventor, Ivan Vent, has just made a discovery that promises to put the company on the map and turn the cosmetics industry on its head.
Just in time for the aging “baby boomer” generation, chemist Vent invents an anti-aging cream.

31. “IP Cosmetics, Inc.” Design patent protection
Bottle?
Utility patent/Trade secret
Formula/Active ingredient?

32. “IP Cosmetics, Inc.” Trademark protection
Company name? – IP Cosmetics, Inc.
Product name? – Breveté
Domain name? –
Slogan? – “Beauty is brief…Breveté is forever.”
Logo?
Bottle?

33. “IP Cosmetics, Inc.” Copyright protection Bottle?
Packaging for bottle?
Advertising?
Catalog?
Demo video?
Web site?

34. “IP Cosmetics, Inc.” Enforcement of rights, U.S. and abroad.
Intellectual property theft and counterfeiting.

35. “IP Cosmetics, Inc.”
The problems faced by IP Cosmetics, Inc., are typical of the kinds of problems facing all businesses today, regardless of size.

36. Trademark and Copyright Symbols
Type
Use when TM SM P
Trademark
Service mark
Copyright
Registered with U.S. Patent Office
Not registered with U.S. Patent Office
Necessary for copyrighted words created prior to ; since 1980, optional for all works
Sound recording copyright
FUN STUFF

37. Websites Used www.webopedia.com www.ask.com