The Law:Technology,Copyright and Intellectual Property

By: E. Searight

What is Intellectual Property?

Intellectual property is the name given to legal rights which protect creative works, inventions and commercial goodwill

Intellectual property rights are designed to provide remedies against those who steal the fruits of another person’s ideas or work.

Intellectual Property Rights.

Intellectual property rights include: Copyright PatentsTrade marksLaw of confidence Design rightsPassing off

The scope of these rights differs but sometimes overlaps and the infringement of the intellectual property rights gives rise to the criminal penalties.

Examples:

If a person writes a computer program, he will be able to take legal actions to obtain an injunction against anyone who copies the program without his permission.

What is Copyright?

Gives creator right to reproduce, distribute, perform and display his/her work.

Copyright protection protects the creator from others stealing ideas as their own and taking money and association of what is rightfully theirs.

What is Intellectual Property?

Intellectual Property Intellectual property refers to the intangible property such as

patens, as patens, copyrights, trademarks, and

trade dress, which belong to a person or a company

Important Terms ClickstreamThe recoding of your clicks and you click o the internet, such as the order of internet pages that you visits and all of the data. It is collected and analyzed.

Copyright Gives creators the right to reproduce, distribute, perform and display his/her work. It also protects the creator from others stealing ideas as their own and taking money and association of what is rightfully theirs.

MetatagsWords that are not visible to the public, the are within the HTML Code, they can be viewed in the source code. The are sometimes

TrademarkA trademark is a brand name. A trademark or service mark includes any word, name,

symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Fair UseFair use is a doctrine in the United States copyright law that allows limited use of

copyrighted material without requiring permission from the right holders.

Important Terms Con’tTechLaw

Laws that come from within technology that were interrelated, and that their experience could help people face challenges.

Arbitrary TrademarkA distinctive mark that is entitled to the exclusive right to use a particular mark in

connection with goods or services.

Fanciful TrademarkA distinctive mark that provides the trademark owner with one of the, if not, strongest kinds of trademarks. It consists of a combination of letters or symbols signifying nothing other than the marks product or service. Ex. EXXON

Suggestive TrademarkSuggestive trademarks come with one major risk: what one person (you, the business owner) thinks is suggestive, another person (or court…or trademark office examining attorney) may deem descriptive, and descriptive marks have a substantially reduced bundle of rights associated with them than trademarks in the “higher” categories.

Descriptive TrademarksDo not have trademark protection.They are deemed merely descriptive, as opposed to distinctive.

References

http://www.alllaw.com/topics/intellectual_property

https://www.law.georgetown.edu/library/research/guides/copyright.cfm

http://www.kuesterlaw.com/kiprsrc.htm