Commercial Law ID: 408615218 May 11, 2022

Name: 何日明
Homework_ Legal Aspects

1. What are famous types of Intellectual Property (IP)? (10 pts)

The five major types of intellectual property are:
 Copyrights
 Trademarks
 Patents
 Trade Dress
 Trade Secrets

2. What are IP given examples based on the types you provide in Question 1? (10
pts)

Some examples of the types of works covered by copyright protection include

works that are literary (novels, poems, etc.), dramatic, musical (songs, sheet
music, etc.), architectural, cartographic, choreographic, pantomimic, pictorial,
graphic, sculptural, audiovisual, and software-related (yes, in the U.S.,
computer programs are also literary works, under the definition in the
Copyright Act). 

3. What cannot be copyrighted? (20 pts)

 Common Knowledge
 Ideas, Methods, and Systems
 Recipes
 Choreography and Speeches
 Names, Titles, Short Phrases
 Clothing

4. What does Trademark infringement mean? (20 pts)

 Trademark infringement is the unauthorized use of a trademark or service mark on
or in connection with goods and/or services in a manner that is likely to cause
confusion, deception, or mistake about the source of the goods and/or services.

5. What are differences among Utility Patent, Design Patent and Plant Patent? (20
pts)

 Utility patents, which generally cover how an invention functions or how an invention
is made.
 Design patents, which cover the ornamental, non-functional features of an invention.
 Plant patents, which cover certain newly discovered plants.

6. What are advantages and disadvantages of Trade Secret protection? (20 pts)
ADVANTAGES DISADVANTAGES

Trade secret law provides indefinite future
protection, so long as the trade secret stays a
secret. Trade secret protection has no
expiration date.
Trade secret protection prevents the disclosure
or use of the trade secret by one to whom the
secret was disclosed in confidence.
If someone came up with the same idea on
their own, the trade secret is no longer
protected by law.
Trade secret law does not give the holder
of a trade secret protection from reverse
engineering by the public or a competitor.