TYpes of IP

/ Uncategorized / By
thief, copyright, idea-6804514.jpg

Patents

  1. Gives right to stop others from using/reproducing/selling/importing/making
  2. Does not convey others to exercise the invention
  3. Enforceable in state/gov’t ; 20 years ; first to file ; claims need to be detailed (claims are what legally protected)

Trademarks

  1. Consumer protection law (if it creates consumer confusion *not legal) — use as an adjective
  2. “Samsung” phone ; “Schwinn” bicycle
  3. Lost trademarks = “zipper” “yo-yo”
  4. logos/symbols/sounds/colors ; perpetual (infinite)
  5. *famous trademark = get rights to everything (cannot put mcdonald’s logo on laptop; even though completely separate — still cannot use)
  6. Damages, injunctions, for counterfeiting
  7. First to use (given to you)
  8. International reciprocal rights

Copyrights

  1. Literary works/work of art/works of authorship/computer code/motion pictures
  2. Must prove they copied:
  3. Had access to copyright work
  4. Substantially similar reproduction
  5. Stealing is the same as stealing car: Damages, injunction, criminal
  6. Rights accrue upon creation of the work
  7. Original CR was to protect author; now its to protect company
  8. Companies are perpetual (CR will last a really long time)
  9. Originally protected over life of auther; now fixed years
    (but extending because companies)

Trade Secrets

  1. Confidential ; competitive advantage ; perpetual ; no registration required
  2. Coca-cola recipe. KFC recipe
  3. Once it gets out in public domain – NO LONGER HAVE RIGHTS
  4. See a lot of food products with trade secrets = doesn’t expire
  • Industrial Design
    • Original design of useful article that makes article attractive or distinct
      • e.g. vessel hulls — “look & feel”
    • 10 years
  • Design Patents
    • Google filed design patent on look and feel of their “clean” homepage
    • Apple v Samsung = rectangle phone
  • Geographic Indications
    • Wine / champagne = champ only comes from region in france, can’t use otherwise

Public Domain

  • Standards, Product specs, biz models, open source,
    • IP strategy might be to make it free (make open source software, then do consulting to implement)