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14 terms

Business Law CH16

Chapter 16: Cyberlaw and intellectual property
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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.