Business Law CH16
|intellectual property||The legal rights covering such topics as patents, copyrights, trademarks, and trade secrets|
|patent||A legal right of the creator or inventor of a product, process, or invention. The patent holder has the exclusive right to use, develop, and license the subject of the patent for 20 years.|
|prior art||earlier invention or processes which already have patents|
|claims||an important part of a patent application which specifies what elements of this invention are new and should be protected.|
|infringement||Unarthorized use of copyrighted or patented material|
|copyright||The legal right of author, composer, or artist to prevent others from copying or reproducing his or her work.|
|"Fair use" Doctrine||A legal principle, an exemption to a copyright owner's exclusive rights, that allows another to make some limited ("Fair") use of the copyrighted work without permission|
|Key factors of fair use|| 1. The purpose and character of the use.|
2. The nature of the copyrighted work.
3. the amount and substantiality of the amount taken.
4. The economic effect of the second use on the copyright owner.
|look and feel cases||Where someone has created a computer program or user interface that "looks" and acts ("feels") like another copyrighted program, but the second author did not copy the actual code of the first program.|
|trademark||A word, phrase, or symbol that identifies and distringuishes a product.|
|generic term||A word or phrase that is synonymous with a whole class of procuts and cannot receive trademark protection.|
|trade secrests||Intellectual property assets of a business, such as a formula, or a customer list, wich are kept secret.|
|non-compete agreement||An agreement between a firm and an employee, by which the employee promises not to open a competing business whitin a certain area, after leaving the firm.|
|The Uniform Trade Secrets Act (UTSA)||A model law defining and protecting trade secrets which has been enacted in 44 states.|