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Intellectual property rights |
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Trade mark, copy-right, patents, trade secrets; protection from misappropriation or infringement. |
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a product formula, patter, design, compilation of data, customer list, or other business secret. |
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est. requirements for obtaining a patent, also protects patents from infringement. |
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registration with the government; has to be new, useful, non-obvious...living things, seeds, etc. |
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patent can't be processed if it is available to the public for more than a year. |
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unauthorized use of another patent, patent hold can recover... |
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when the defensive party copied a substantial and material part of the plantiffs copyrighted work w/o authorization. |
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permits other parties to use copyrighted material limitedly w/o authorization. Citing papers, t.v. |
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distinctive mark, symbol, word, name, motto, or devise that identifies goods of a particular business. |
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the liability of manufacturers , sellers and others for the injuries caused by defective products. |
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a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff. |
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Intentional misrepresentation |
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tort which seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby, also known as fraud. |
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all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction. |
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tort doctrine where distributors of a product are held liable for injuries resulting from the product, regardless of fault. |
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something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product. |
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a defect that occurs when a manufacturer fails to1 properly assemble a product, 2 properly test a product, 3 adequately check the quality of the product. |
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defect caused by improper design. |
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doctrine that says car manufacturers have a duty of design to make sure the passengers are safe in the car if it crashes. |
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defect occurs when manufacturer does not place ea warning on the packaging of products that could cause injury if the danger is unknown. |
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a product formula, patter, design, compilation of data, customer list, or other business secret |
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