30 Dec International Convention

5.3 – Web Search: Intellectual Property Protections
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As you should be well aware from the text readings (i.e., Jennings, 2015, pp. 485-511, and Emerson, 2015, pp. 605-616), there are a number of ways which can afford protection to business intellectual property. As your interests may (and probably do) vary, what follows provides you the opportunity to research a topic from a variety of those intellectual property arenas. To help you appreciate where some of those protections may be found, as well as some similarities/differences amongst these, select one from among the various available options below (most all of which contain two separate questions, and there are enough options so there should not have to be any duplication, thereby meaning you are to submit one other than any posted by any of your classmates, so there might be some incentive to do this one relatively early in the week).

Patents:

What is the definition of the term “inventor,” and what was that definition before it was changed by the America Invents Act? Provide the U.S.C. citation(s).

What is the definition of the term “effective filing date” and what was that definition before it was changed by the America Invents Act? Provide the U.S. C. citation(s).

A condition for granting a patent is that it be “novel.” What is the definition of that condition in the Act, and are there exceptions (and, if so, what are they)? Provide the U.S.C citation(s).

A condition for granting a patent is that it be of a “non-obvious subject matter.” What is the definition in that provision Is provision made for inventions in outer space (and, if so, what is/are any such provision(s))? Provide the U.S. C. citation(s).

The Act permits a defense to infringement based on prior common use. Of what does that defense consist? Who bears the burden of proof? Provide the U.S.C. citation(s).

Does the Act permit priority in patent examination for any certain technology(ies)? If so, what is/are it/they? Provide the U.S.C. citation(s).

Can federally owned inventions be licensed? What is the disposition of rights in a patent for “Inventions made with federal assistance”? Provide the U.S.C. citation(s).

Is it possible for a plaintiff in a patent infringement case to obtain an amount equivalent to a reasonable royalty? Can attorney’s fees be awarded/recovered in a patent infringement case? Is there an additional remedy for infringement of a design patent? Can patent infringement occur by states and/or their officials? Provide the U.S.C. citation(s).

Copyrights:

What is the duration of a normal copyright (i.e., how long does it subsist) that was created on or after January 1, 1978. Does this vary for copyrights of anonymous and pseudonymous works (and, if so, how). Provide the U.S.C. citation(s).

What is the duration of a copyright that was created but not published or copyrighted before January 1, 1978. Is there an exception for phone records (and, if so, what is it)? Provide the U.S.C. citation(s).

What is the duration of a normal copyright in its first term which subsisted on January 1, 1978? What provision was made for termination rights for copyrights which had already expired? Provide the U.S. C. citation(s).

To protect a copyright, does it need to be registered (and, can it be registered)? Are works of the U.S. government copyrightable? Provide the U.S.C. citation(s).

In which section of the federal copyright laws does it generally grant exclusive right in copyrighted works? Does this exclusive right protection apply in the same way for computer programs? Provide the U.S. citation(s).

The “fair use” limitation on exclusive use in the federal copyright laws appears in which section? Are there limitations for archives and libraries (and, if so, where does it appear)? Provide the U.S.C. citation(s).

Is it possible for a plaintiff in a copyright infringement case to obtain lost profits? Can attorney’s fees be awarded/recovered in a copyright infringement case?
Can a copyright violation be a criminal offense? Can copyright infringement occur by states and/or their officials? Provide the U.S.C. citation(s).

Trademarks:

Where in federal law are the provisions for the trademark principal register found? Where in federal law are the provisions for service mark registration found? Provide the U.S.C. citation(s).

Registration of a trademark is valid for what period of time (i.e., the duration)? Can the registration be renewed (and, if so, for how many times)? Provide the U.S.C. citations.

In what ways may a trademark owner provide notice of the trademark is registered with the Patent and Trademark Office? Are there circumstances under which the remedy for trademark infringement limited to an injunction? Provide the U.S.C. citation(s).

What are any defenses to the right to use the registered trademark being incontestable? What can a plaintiff request be done to infringing articles (e.g., counterfeit goods)? Provide the U.S.C. citation(s).

Under what circumstances is a plaintiff in a trademark in infringement suit of a registered trademark entitles to lost profits? Can a plaintiff in a trademark infringement action be entitled to recover treble damages (for what type of infringement action)? Provide the U.S.C. citation(s).

Are states and/or the federal government immune from suit for trademark violations? Does the U.S. keep a registry of trademarks from countries who are parties to international conventions to which the U.S. is, or becomes, a party?

International Convention Protections:

The U.S. federal law provisions implementing the Madrid Protocol for trademark protection are found where? The U.S. federal law provisions implementing the Hague Agreement Concerning International Registration of Industrial Designs for patent protection are found where? Provide the U.S.C. citation(s).

Trade Secrets:

Find a state which has trade secret statutes, and then provide a brief synopsis of the protections/remedies it affords to/for trade secrets. Provide the state statutory citation(s). (NOTE: If one of your classmates has already posted for the state you have chosen, you will need to find and prepare the information for an alternate state.)