Term
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Definition
| US will uphold legal actions of another country as long as they coincide with our laws and will not change decisions made by other countries; marriage and torture |
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Term
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Definition
| The US will not question acts of other countries committed within their borders, such as expropriation or confiscation; American gas companies in Libya were put of business through expropriation |
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Term
| Doctrine of Sovereign Immunity |
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Definition
US does not have jurisdiction over another country unless:
1. They agree/consent to give up their sovereign immunity
2. They commit a tort or human rights violation
3. They operate business inside the US |
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Term
| Foreign Corrupt Practices Act |
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Definition
| US companies are not allowed to bribe government officials in other countries, this includes company’s employees and stockholders |
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Term
| Economic Espionage Act of 1996 |
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Definition
| Can serve 10 years and pay up to 10M as well as seizure and forfeiture of property used to disclose info and property/assets gained from obtaining secret |
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Term
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Definition
| Any mark, motto, device, or emblem that a manufacturer prints, stamps, or affixes to an item for sale; must be distinctive such as out of context or made up word. Renewed between 5th and 6th year and thereafter every 10 years |
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Term
| Latham Trademark Act of 1946 |
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Definition
| Federal law to benefit businesses by providing value through uniqueness and reducing infringement, benefits consumers by reducing fakes and information through brands |
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Term
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Definition
| Used to identify a person or business in marketplace, Protected only by state law, Just the name of the company and needs to be registered in each operating state |
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Term
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Definition
| Infringement occurs when someone uses a protected trademark (trade name, trade dress and service mark) in a way that creates substantial confusion, ex: Fake designer handbags |
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Term
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Definition
| Dilution is “the lessening of the capacity of a famous mark to identify and distinguish goods and services”, only applies to nation wide trademarks (NOT SMALL LOCAL FIRM), overwhelming population must known of trademark, Ex: Kodak cameras vs. bicycles |
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Term
| Federal Trademark Dilution Act of 1995 |
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Definition
- Aided in stopping cyber squatters, those who purchased domain names of large companies to sell them for profit later. Also gave trademark owners the right to sue resulting in just the domain name being returned
1. Extremely ineffective because cyber squatters didn’t have to pay damages
2. Changed on Nov. 29, 1999 |
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Term
| Anti-Cyber Squatting Act Consumer Protect Act |
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Definition
| Added a new section to the Latham Act of 1946 which stated that if you have a trademark registered, you also have the right to the domain name, penn state owns pennstate.com, If cyber squatters wouldn’t give you the rights, you could sue for damages and attorney fees, amous people also entitled to their own domain name, Bradpitt.com |
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Term
| Internet Corporation for Assigned Names and Numbers (ICANN) |
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Definition
| responsible for regulating the issuance of domain names, handle all US trademark domain registrations for the government, In 1999 approved an arbitration procedure to handle disputes, No trial necessary and could have it solved through arbitration and if you are unhappy with arbitrators decision you could take it to court |
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Term
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Definition
| Provides the right to exclude others from making, using, selling, or offering to sell the invention to the inventor; Does NOT give you a monopoly but gives inventor right to exclude others from infringing, up to inventor to decide who to exclude. Invention cannot be obvious such as enlarging an existing product. Patents last 20 years and cannot be renewed. |
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Term
| Utility Patent Categories |
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Definition
1. Processes- Step by step processes that create something new, Ex: software and business methods of production
2. Machines- Invention of new machines, Can take a bunch of different patents to create a new machine and patent that, Ex: Camcorder
3. Articles of Manufacture- New hand tools, Ex: House, Dental, Mechanic Tools
4. Composition of Matter- Mixing stuff to create new formulas which can be made of liquid, gas, or solids, enables patenting of drugs, foods, metals, plastic |
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Term
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Definition
Making, using, selling, or offering to sell something without the permission of the patent holder constitutes the tort of infringement
1. Inventor has right to exclude people from doing this to their patented items
2. Patents are truly only beneficial for expensive or complicated to make items and items that are related to the government |
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Term
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Definition
| A patent that lasts for 13 years for the “ornamental design of a functional item”, must be original and cannot be offensive or inappropriate appearance |
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Term
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Definition
| US constitution protects it, “To promote the progress of science and useful arts, by securing for LIMITED times to authors and inventors the exclusive right to their respective writings and discoveries” Article 1, Section 8, Clause 8 |
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Term
| Copyright Act of 1976 (As Amended) |
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Definition
| Do not necessarily have to file copyright registration in order to have copyright protection, however sometimes you will receive special protection if registered |
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Term
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Definition
| Creative expression in fixed from, Books/Magazines/Newspapers/ Other Papers, CDS/Vinyls, Films/Photos/Videotapes/DVDS, Broadcast programs, Artistic express such as choreography, dance steps, art work, sheet music |
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Term
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Definition
| Work must be fixed in a tangible medium of expression now known or later developed from which work can be perceived, reproduced, or otherwise communicated directly or with a machine (computer) |
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Term
| Sonny Bono Copyright Term Extension Act of 1998 |
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Definition
1. Added 20 years to any copyright that has not expired as of 1998
2. Changed policy to now have copyrights obtained before 1978 last 95 years
3. And copyrights obtained 1978 and forward last as long as the author lives +70 years
4. If delayed publishing something your copyright has a 120 year protection from date of creation OR it can last 95 years after its first published, whichever expires first |
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Term
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Definition
| Song writers that give any one person permission to make sound recording must license everyone as long as they pay government set royalty, only for recordings not live performances, must perform as written, with own style |
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Term
| Subconscious Infringement |
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Definition
| Beatles example, Harrison said he didn’t intend to do it but he must have heard it and the notes came to him, still found liable and owed a lot of infringement money |
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Term
| Section 114 of Copyright Act |
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Definition
| NO FAIR USE of sound recordings, Sampling requires permission |
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Term
| Fairness in Music Licensing Act |
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Definition
| Bars with up to 4 TV screens do not need permission to watch NFL games just not pay per view, also applies to stores playing the radio |
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Term
| Digital Millenium Act of 1998 |
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Definition
| Cant defeat a technological measure to gain unlawful access to a work, mp3/lockpicking, Also cant help others do this through devices or services primarily designed for it, Cant market, or sell technology like this |
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