1. Comprehensive Volume, 18 th Edition Chapter 10: Intellectual Property Rights and the Internet

2. Property Rights Property rights in trademarks, copyrights, and patents are acquired as provided primarily in federal statutes. injunction ordering stoppage of such practices recovery of profits if infringement was intentional Copyrights infringed Patents infringed Marks infringed

3. Copyrights A copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, or display the work. Copyrights run for the life of the creator and 50 years after the creator’s death.

4. Patents & Trade Secrets A patent gives the inventor an exclusive right for 20 years from the date of application to make, use, and sell an invention that is new and useful and unique (not obvious). Trade secrets are protected under state law for an unlimited period so long as they are not made public.

5. Trademarks identify goods.Service marks identify services. Marks: Names, Symbols & Designs Protection by registration grants registrant exclusive rights. Mark distinguishes owner’s goods or services from those of others. marks that are coined, completely fanciful, or arbitrary Kodak film terms suggestive of some quality of product Frigidaire refrigerators acquired secondary meaning--surname, descriptive or geography Philadelphia cream cheese Examples of registrable trademarks:

6. Summary Comparison of Intellectual Property Rights

7. Computers and Property Rights Protection of computer programs and the design of computer chips and mask works is commonly obtained, subject to certain limitations, by complying with federal statutes, by using the law of trade secrets, and by requiring restrictive licensing agreements. Many software developers pursue all of these means to protect their proprietary interests in their programs.

8. View Taken on Theft of Software Program stolen on paper, disk, or tape Petty Larceny Traditional Law Grand Larceny New Law of Computers Seen as theft of material on which program itself is written (paper, disk, tape, etc.). Trade Secrets Protection Statute in some states Seen as theft of valuable program itself.