Intellectual Property Part 2: Trademarks, Patents & Piracy Mr. Garfinkel, 2/21/14 An illustration from U.S. patent # 5,375,430, a 'gravity- powered shoe.

Intellectual Property Part 2:

Trademarks, Patents & Piracy

Mr. Garfinkel, 2/21/14

An illustration from U.S. patent # 5,375,430, a 'gravity-

powered shoe air-conditioner.' Like many inventions,

this device does not introduce any new concepts, but

instead combines two existing concepts in an original

way. The shoes, patented in 1994 by Israel Siegel, are

powered by the walking motion of the user. Each time

you take a step, your heel works to activate the air-

conditioner compressor and expander.

Image courtesy

United States Patent and Trademark Office

What is a trademark?From the U.S. Patent and Trademark Office:

“A 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.”

• Although federal registration of a mark is not mandatory, it has several advantages:

• Notice to the public of the registrant's claim of ownership of the mark

• Legal presumption of ownership nationwide

• Exclusive right to use the mark on or in connection with the goods/services listed in the registration indefinitely- no expiration like patents or copyrights!

Trademarks!http://www.sporcle.com/games/g/corplogos2

Why are trademarks important?

What is a patent?From the U.S. Patent and Trademark Office:

“A patent is an intellectual property right granted by the Government of the United States of America to an inventor ‘to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States’ for a limited time in exchange for public disclosure of the invention when the patent is granted.”

• Meant to protect and promote inventors and innovatorso If there was no protection for inventions, there would be far less

incentive to invent!

• Must file your design with the USPTO where it will be reviewed by an examiner for novelty, utility, nonobviousness, and lack of prior art, basically is it unique?

Three major types of patentsUtility Patent- Issued for the invention of a new useful

process machine, manufacture, or composition of matter, or a new and useful improvement (20 years)

Design Patent- a new, original, and ornamental design embodied in or applied to an article of manufacture (14 years)

Plant Patent- a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings (20 years)

If you don’t use it, you lose it!• You must actively enforce your

trademark or patent for it to stay in effect.o “Systematic nonenforcement” can lead to

abandonment or acquiescence- a loss of your rights

o Basically, someone else used your IP long enough that it would be inequitable to make them stop

Music and Movie PiracyAnti-piracy commercial

What is piracy?• Essentially, piracy is copyright infringement

• It is reproducing ortransmitting a copyrightedwork without the authority to do so.

60 minutes on movie piracy

http://www.cbsnews.com/videos/search?q=piracy

How you could be punished...Please read the USA Today article about the case of one music pirate.

What do you think about this?

Anti-piracy laws in the U.S.• Ch. 17 of the U.S. Code (copyright law)

• Digital Millenium Copyright Act- “criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.” Also stiffens penalties for copyright infringement on the internet.o Does protect service providers and hosts like Google as long

as they provide procedures for notice and takedown of instances of copyright infringement.

• Protect IP Act- would have given the government and copyright holders additional tools to go after “rogue” websites, but has been tabled at the moment in response to opposition from powerful internet companies like Google and Yahoo

Two “Documentaries” about Music Piracy

These are not meant to be authoritative on this topic, but rather to illumunate different views on the issue.

http://www.youtube.com/watch?v=M2amX9rc0Dc

http://www.youtube.com/watch?v=XJc53KhtrUo

I had to show this...http://www.southparkstudios.com/clips/103759/not-a-big-deal