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Chapter 5 Flashcards | Quizlet us digital millennium copyright act of 1998 definition

Chapter 5 Trade Marks STUDY PLAY What is Intellectual property? Property resulting from intellectual, creative process, the products of an individuals mind. Why does the law protect trademarks and patents? To reward inventive and artistic creativity. What laws protect authors' rights in the works they generate? Copyright Laws What are trade secrets, and what laws offer protection for this form of intellectual property? Information or process that give a business an advantage over competitors that do not know the information or process, are trade secrets Federal and state statues give protection in the us, and international treaties Intellectual property property resulting from intellectual creative processes, the products of an individuals mind eq: software, movies, music, etc. Trademark A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use Federal Trademark Dilation Act (1995) , allows suits for trademark dilution in federal court. Protects distinctive or famous trademarks from being used by other even a non-competitive goods, or when unlikely to confuse. Many states similarly have trademark dilution statues Trademark Registration Both federal and state entities (in some states)
Federal registration: application to the U.S. patent and trademark office in Washington, D.C. Can Have Trademark if... 1. Currently in commerce
2. Will be put into commerce within 6 months (that 6 months can be extended by 30 days on special circumstance)
3. Must file use statement Trademark Infringement Intentional or unintentional copying, either entirely or to a substantial degree, of a registered mark (used without authorization)

Must prove: defendant's use of the mark created a likelihood of confusion about the origin of defendant's goods or services Trademark Infringement Remedies : injunction, actual damages and profits of infringes, destruction of any goods bearing unauthorized mark, possibly attorneys' fees Suggestive marks brings to mind something about the product without describing the product directly Secondary Meaning When customers begin to associate a specific term or phrase with specific trademarks items and the notion that those items are from a particular source. Usually depends on extensive product advertising, product's market share and other relevant factors Generic Terms Terms that refer to an entire class of products, No protections Service Mark Mark used in sale or advertising of services to distinguish the source of the services. EG: Titles. Character, names, distinctive features of radio or television Certification Mark Mark used by one or more individuals other than owner to certify the region materials, mode of manufacture, quality, or other characteristic of specific goods or services Collective Mark Mark used by members of a cooperative, association, union, or other organization to certify the region, materials, and mode of manufacture, quality or other characteristic of specific goods or services Trade Dress the image and overall appearance of a product, subject to the same protections as trademarks Stop counterfeiting in manufactures goods act of 2006 (SCMGA) Makes it a crime to intentionally traffic in, or attempt to traffic in counterfeit goods or services, or to knowingly use a counterfeit mark on, or in connection with goods or services Penalties of Stop counterfeiting in manufactures goods act of 2006 (SCMGA) 1. Fine up to $2 Million
2. Imprisonment up to 10yrs on 1st offense
3. Forfeiture of counterfeit product and any property used in commission of crime
4. Restitution in amount equal to victims loss Tradename Term that is used to indicate part or all of a business' name that is directly related to the business' reputation and goodwill. Tradenames are protected under common law (and under trademark law if name is same as trademarks product) Not registered with federal government. Names must be unusual or fanciful to be protected. Cybermark A trademark in cyberspace Domain Name Part of an Internet address
Top level domain- part of Internet address which is to the right of the period that indicates the type of entity that operate the site
Second Level Domain- part of Internet address to the left of the period, which is chosen by the entity registering the domain name Internet Corporation for Assigned names and numbers (ICANN) A non-profit corporation oversees the distribution of domain names and operates an online arbitration system Cybersquatting Act of registering a domain name that is the same as, or confusingly similar to, the trademark of another, and then offering to sell that tradenames back to the trademark owner Anti-Cybersquatting consumer protection act of 1999 Makes it illegal to register traffic in or use a domain name (1) if the name is identical to or confusingly similar to the trademark of another, and (2) if the person registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark License An agreement pe tyvnqvzt. outlet moncler fashion outlet via vittor pisani 12/a milanormitting the use of a trademark, copyright, patent or trade secret for certain limited purposes. Grants license only the rights expressly describes in the license agreement Patent A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his/her invention for a limited period of time. Inventions-20 years designs-14 years. Both are renewable Federal patent Law "whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof, may obtain a patent there of, subject to the condition and requirements of this title. Laws and nature, natural phenomena and abstract ideas are not patentable" Patent Infringement The use or sale of another's patented design, product, or process without the owners permission- patent infringement is a tort Remedies for Patent Infringement Remedies: Injunction; damages for royalties and lost profits, Sometimes attorneys' fees, Willful infringement could result in treble damages Copyright Exclusive right of an author or originator of a literary or artistic production to public, print or sell that production for a statutory period of time intangible property right granted by Federal Statue Copyright act of 1976 vs. Copyright office in Washington D.C. - Work must be fixed n a durable medium from which it can be perceived, reproduced or communicated protection is automatic, registration is not required Copyright Infringment The copying of a form or expression, reproduction does not have to e exactly the same as the original, nor reproduce the original in its entirety, only needs to reproduce substantially Computer Software Copyright act of 1980 Includes computer program in list of creative works protected by federal copyright law. Digital millennium copyright act of 1998 established civil and criminal penalties for anyone who circumvents encryption software or other technological antipiracy protection Trade Secret Information or process that gives a business an advantage over competitors that do not know the information of process. Extends to ideas and their expressions • International protection for intellectual property Paris convention of 1883
The berne convention of 1886
The TRIPS agreement of 1994
The Madrid Protocol
us digital millennium copyright act of 1998 definition

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moncler kieds Digital Millennium Copyright Act Posted on June 5, 2013 by Soundararajan This was signed in October 1998 by then President Clinton. This Act is sub divided in to Five Titles.

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” Title II, the “Online Copyright Infringement Liability Limitation Act” Title III, the “Computer Maintenance Competition Assurance Act” Title IV contains six miscellaneous provisions, relating to the Functions of the Copyright Office, distance education, the exceptions in the Copyright Act etc. Title V, the “Vessel Hull Design Protection Act” For better understanding of this DMCA one must refer to the Legislative text also.

Title I– briefly talks about the World Intellectual Property Organization copyright. It further goes on to greatly emphasize on its Implementation and made certain amendments to the US copyright law and the functioning of the US copyright office. Section 102 (b) of DMCA is enacted as it amends the sections 104 and 101 of the US copyright Act.

Title II – This title adds section 512 to the Copyright Act. The new section 512 goes on to add special rules related to the application of the Non- profit educational institutions 512 (e). This also includes the limitation in monetary liability of any service provider. To release the ambiguity of the definitions, amended section 512 also contains a definition clause. Section 512 (c) limits the liability of the service providers regarding the information collected/ stored by the providers from web. 512 (g) (1) provides opportunity to respond to the Notice initiated.

Title III– This title is enacted solely to focus section 117 of the US code – which deals about computer programs/repairs and the like. It also authorizes the owner of the computer program to make legal copies of the program. Like other provisions definition clause is provided in sub section (d).

Title IV – as already indicated contains six miscellaneous provisions. Section 401 a amended talks about the Commissioner of Patents and trademarks and the Registrar of the Copyright. Duties have been vested on the Registrar of the Copyrights on advising and providing opinions to the congress on the issues/disputes arising out of international copyright regime. Section 112 (a) of the US code is further amended by the section 402 of DMCA. It also provides certain exemption to “empirical recording”. Furthermore, section 403 of the DMCA gives a clean chit on Distance Education study copyright issues. It makes suggestions to the Copyright office regarding this issue. Section 404 of the DMCA amends the exemption for non-profit library in section 108 of the Copyright Act. Section 416 of the DMCA opens his hands to the writers, directors and play artists regarding the motion pictures.

Title V:  entitled the Vessel Hull Design Protection Act (VHDPA), adds a new chapter 13 to the US Code. In other words this chapter is introduced for the protection of the original Designs. Chapter 13 contains sections 1301-1332. The Copyright office is directed to conduct two studies regarding the amendments made to the US code in terms of Title V of the DMCA i.e regarding the VHDPA.

About Soundararajan Pursuing BBA LLB in Symbiosis Law school,Noida (Symbiosis International University). Intern under Biz & Legis (from May 13 to June 12, 2013) View all posts by Soundararajan → This entry was posted in Article . Bookmark the permalink .

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The Digital Millennium Copyright Act of 1998 (DMCA) amended the Copyright Act, Title 17 of the U.S. Code containing federal copyright law, added section 512-Online Copyright Infringement Liability Limitation. Section 512 provides "safe harbor" provisions for Internet service providers from liability of copyright infringement based on four categories, two of which are "transitory digital network communications" and "storage of information on systems or networks at direction of users." In general, the College must implement reasonable policy for terminating accounts of repeat offenders; not interfere with standard technical measures to protect copyrighted material; and have procedures for dealing with DMCA Notices of Copyright Infringement, and take down or block access to infringing material.

Fort Lewis College supports compliance with copyright law. Unauthorized copying, distribution and certain other uses of copyrighted material are illegal and can expose you to severe civil and criminal liability under copyright law. This applies to all types of copyrighted works, including music, movies, software, games, and other literary and artistic works.

Protecting intellectual property and controlling costs, including the cost of Internet bandwidth, benefits everyone. Downloading unauthorized copies of music and movies is not only illegal, but it is an abuse of campus network resources that can interfere with the academic pursuits of other students and faculty. The Higher Education Opportunity Act of 2008 required the College to create a "Policy and Plan to Combat Unauthorized Distribution of Copyrighted Material and Peer-to-peer (P2P) File Sharing," and notify prospective and enrolled students of institutional polices and sanctions related to copyright infringement.

Fort Lewis College Policy 6-10 Accepatble Use of Information Technology

Definition:

Copyright Infringement: Any violation of the exclusive rights of a copyright owner.

See Also Copyright Notice Example Digital Millenium Copyright Act (DMCA) Fort Lewis College Information on DMCA Peer-to-Peer File Sharing & Infringement Legal Sources of Online Content Fort Lewis College Policy 6-10 Acceptable Use of Information Technology



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