Exam 4
Terms in this set (90)
Original
Federal law provides protections for intellectual property rights by means of
Patents, Copyrights, Trademarks
Trade secrets
Product formula, Pattern, Design, Compilation of data, Customer list or other business secret
Uniform Trade Secrets Act
gives statutory protection to trade secrets
Lawsuits for misappropriation
Brought against anyone who steals a trade secret
Lawsuits for misappropriation must have obtained secret by ------- means
unlawful
Discovery of trade secret by reverse engineering is -----
lawful
A trade secret unprotected by the owner is -----
%
subject to legal protection
not
Economic Espionage Act
A federal statute that makes it a crime for any person to convert a trade secret for his or her own or
another's benefit, knowing or intending to cause injury to the owners of the trade secret.
Patent
A grant by the federal government upon the inventor of an invention for the exclusive right to use, sell,
or license the invention for a limited amount of time
Patents Protects patented invention from -----
infringement
Subject matter that can be patented
Machines, Processes, Compositions of matter, Improvements to existing machines, processes, or
compositions of matter, Designs for an article of manufacture, Asexually reproduced plants, Living
material invented by a person
Patents will not be granted if an invention was in the public domain for one year prior to application
filing
One-year "on sale" doctrine
Copyright Revision Act of 1976
Establishes the requirements for obtaining a copyright/ Protects copyrighted works from infringement
, Only ------- writings are subject to copy right registration and protection
tangible
Copyright can be
sold or licensed
Fair Use Doctrine
Permits certain limited unauthorized use of copyrighted materials
No Electronic Theft Act
A federal statute that makes it a crime for a person to willfully infringe on a copyright.
Digital Millennium Copyright Act
Makes it a crime to circumvent encryption technology
Trademark
Used to identify and distinguish goods of a manufacturer or seller or services of a provider from
others
Lanham (Trademark) Act
Protects the owner's investment and goodwill in a mark / Prevents consumers from being confused as
to the origin of goods and services
Types of marks
Trademark, Service Mark, Certification mark, Collective membership mark
Securities and Exchange Commission (SEC)
Federal administrative agency empowered to administer federal securities laws
Common security
%
Interests or instruments that is common stock, bond, debenture or warrant
Statutorily defined security
Interest or instrument mentioned in securities acts
Investment contract
Flexible standard for defining a security
is applied to determine investment contract
Howey Test
Securities Act of 1933
Primarily regulates the issuance of securities by a corporations, limited partnerships, and associations
Securities are registered with SEC by means of
Registration statement, Prospectus
Securities Exchange Act of 1934
Primarily regulates trading in securities/ Provides for registration of companies with SEC / Filing of
periodic reports by companies / Regulation of security exchanges, brokers, and dealers
Section 10(b):
Prohibits use of manipulative and deceptive devices in the purchase or sale of securities in
contravention of the rules and regulations of SEC
Rule 10b-5
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