Chapter 12-Intellectual Property
Intellectual property: intangible property that is the product of one's mind and not one's hands Trademark: a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer Trade dress: the overall appearance and image of a product Trademark dilution: the use of a distinctive or famous trademark, such
Copyrights: the protection of the expression of a creative work; i.e., protection of the fixed form that expresses the ideas Fair-use doctrine: the doctrine which provides for the lawful use of a limited portion of another's work for purposes of criticism, comment, news reporting, teaching, scholarship, or research Patent: protection that grants the holder the exclusive right to produce sell, and use the patented object for 2o years; can be obtained for a product, process, invention, or machine or a plant produced by asexual reproduction Tying arrangement: illegal agreement in which the sale of one product is tied to the sale of another Cross-licensing: an illegal contractual arrangement in which two or more parties license each other to use their specified intellectual property only on the condition that neither licenses anyone else to use the property without the other's consent Trade secret: a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors
The Berne Convention of 1886
. As of September 2013, 167 states were signatories : Oldest treaty designed to protect artistic rights
Four Basic Principles Under the Treaty National treatment principle: each member nation protect artists of all signatory nations equally Nonconditional protection principle: protection not be conditioned on the use of formalities, although country of origin may require registration or a similar formality
Protection independent of protection in the country of origin principle: allows nationals of nonsignatory countries to protect works if they are created in a member country Common rules principle: establishes minimum standards for granting copyrights that all nations must meet