Shared Flashcard Set

Details

Chaps. 6-9
Terms & Vocab
20
Law
Graduate
11/10/2010

Additional Law Flashcards

 


 

Cards

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