1. INTELLECTUAL PROPERTY
Objective 5.02 Compare types of intellectual property.

2. Intellectual Property Defined
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

3. 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

4. 5 Types of Intellectual Property
Copyrights
Patents
Trademarks
Trade Secrets
Designs

5. Types of Intellectual Property continued
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Published and unpublished works

6. Types of Intellectual Property
Patent law provides monopoly protection for inventions.
Protection much stronger than copyright.
Holder has exclusive rights to produce, use, sell the invention for a 17 year period.
Must be an original idea.
Cannot be renewed.

7. Types of Intellectual Property continued
Trade Secret law is protection under state law against unauthorized use.

8. Types of Intellectual Property continued
Trademark is a distinctive mark, symbol, or slogan or any combination of these used by a business to identify goods and to distinguish them from products sold by others.
Continuous use good forever.
Renew every 10 years.
General trademarks can be lost (Corn flakes and aspirin)

9. Types of Intellectual Property continued
Design is the process of originating and developing a plan for a new object (machine, building, product, etc.)

10. Types of Intellectual Property continued
Service Mark is a trademark used to identify a service rather than a product (SM).

11. Other Intellectual Property continued
Software Piracy-The unauthorized copying of software
Bootlegging-illegal copying and selling CD’s.
Plagiarism-refers to the use of another's information, language, or writing, when done without proper acknowledgment of the original source

12. Other Intellectual Property continued
Clipart-is the use of images either copied or physically cut from pre-existing printed works, either books that have entered the public domain.

13. Other Intellectual Property continued
Fair use policy-refers to the doctrine, which provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work.

14. Other Types of Intellectual Property continued
Right of publicity and right of privacy-protects individual persons under state law against use of person’s likeness. (Identify theft)

15. Other Types of Intellectual Property continued
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

16. Other Intellectual Property Terms
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.

17. 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

18. Activity: Complete the “Match the Logos and Trademarks” ACT 2
Visit the Useful Websites page for additional activities

19. Websites Used www.webopedia.com www.ask.com