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ipr in cyber law

ipr in cyber law

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Published by rocky2000097

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Published by: rocky2000097 on Feb 18, 2011
Copyright:Attribution Non-commercial


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Describe the business tort of misappropriating a trade secret.
Describe how an invention can be patented under patent laws and the penalties for  patent infringement.
List the writings and other works that can be copyrighted, and describe the penaltiesfor copyright infringement.
Describe the legal rights that computer and software designers have in their works.
 service marks
, and describe the penalties for trademark infringement.
Explain the process for obtaining Internet domain names.
Describe the protections provided by the federal Anticybersquatting Act.Combine all the points with cyber lawA
trade secret 
is a product formula, pattern, design, compilation of data, customer list, or other business secret that makes a business successful. The owner of a trade secret musttake reasonable precautions to prevent its trade secret from being discovered by others.
Misappropriation is a tort in which another’s trade secret is obtained through unlawfulmeans such as theft, bribery, or espionage. A successful plaintiff can recover profits,damages, and an injunction against the offender.
Economic Espionage Act
The Federal Economic Espionage Act makes it a crime for any person to convert a tradesecret for his or another’s benefit, knowing or intending to cause injury to the owners of the trade secret.
Federal Patent Statute
Patent law is exclusively federal law; there are no state patent laws.
Patentable subject matter includes inventions such as machines; processes; compositionsof matter; improvements to existing machines, processes, or compositions of matter;designs for articles of manufacture; asexually reproduced plants; and living matter invented by humans.
To be patented an invention must be:1.Novel2.Useful3.Nonobvious
Patent Application
An application containing a written description of the invention must be filed with theUnited States Patent and Trademark Office in Washington, D.C.
Patents are valid for 20 years.
Public-use Doctrine
A patent may not be granted if the invention was used by the public for more than oneyear prior to filing the patent application.
Patent Infringement
The patent holder may recover damages and other remedies against a person who makesunauthorized use of another’s patent.
American Inventors Protection Act
The American Inventors Protection Act:1.permits an inventor to file a
 provisional application
with the U.S. Patent andTrademark Office three months pending the filing of a final patent application togain “provisional rights.”2.requires the PTO to issue a patent within three years after the filing of a patentapplication.
Patent Appeal
The United States Court of Appeals for the Federal Circuit in Washington, D.C., hears patent appeals.
Copyright law is exclusively federal law; there are no state copyright laws. Only tangiblewritings can be copyrighted. These include books, newspapers, addresses, musicalcompositions, motion pictures, works of art, architectural plans, greeting cards, photographs, sound recordings, computer programs, and mask works fixed insemiconductor chips.
Copyright Revision Act Copyright Laws
Judicial Improvement ActSemiconductor Chip Protection ActComputer Software Copyright ActCopyright Term Extension Act
Requirements for Copyright
The writing must be the original work of the author.
Copyright Registration
Copyright registration is permissive and voluntary. Published and unpublished worksmay be registered with the United States Copyright Office in Washington, D.C.Registration itself does not create the copyright.
Copyrights are for the following terms:1.
 Individual holder:
Life of the author plus 70 years2.
Corporate holder:
Either (1) 120 years from the date of creation, or (2) 95 yearsfrom the date of publication, whichever is shorter.
Copyright Infringement
The copyright holder may recover damages and other remedies against a person whocopies a substantial and material part of a copyrighted work without the holder’s permission.
Fair-use Doctrine
The fair-use doctrine permits use of copyrighted material without the consent of thecopyright holder for limited uses (e.g., scholarly work, parody or satire, and brief quotation in news reports).
Digital Millennium Copyright Act (DMCA)
The federal DMCA, enacted in 1998, provides civil and criminal penalties that1.prohibit the manufacture and distribution of technologies, products, or services primarily designed for the purpose of circumventing wrappers or encryption protection.

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