Quiz 5: Intellectual Property and Internet Law
One's original and innovative creation of mind which has commerce value is called Intellectual Property. It is the intellectual work of the individual which has commerce. The term property is attached because intellectual work of individual can be sold, purchased, lease and own. An intellectual property of individual can be • Research work, • Discovery, • Invention and Innovations • Music, • Literary work, • Art, • Names, • Design, • Logos, • Paintings, films etc. A few are types of IP's are 1) copyrights, 2) trademarks, 3) patents, and other legal rights.
Case fact: JO and AR invented a hard bearing device for balancing rotors. They have obtained patent registration from the Country SU and trademark office but it was never found to use the device. Later, a company EX manufactured the same device that used the automobile wheel to balance rotors. Patent infringement: It is the commission of a prohibited act. When a firm makes use of another company's patent products or structural designs without the prior permission from the owner, it is said to commit crime of patent infringement. EX use of similar device is said to be infringed on AR's patent. As patent infringement is said to take place when a company's products were used or sold to other company or individual without the owner's acknowledgement. Hence, Company EX is said to commit a tort of patent infringement.
Trade mark is any sign, expression or design which differentiates a product or service from others. Trade dress is a legal term which denotes the visual appearance of a product. The appearance can consist of the packaging, design etc. It is prohibited to imitate a product because of which a consumer buys duplicate product under the belief that the product is genuine. The Lanham Act of the Federal statute protects the trade dress. 1.T and X did not register for a trademark with the U.S. patent and trademark office. This means that they would not be given any protection for the desired name. The game H was not in the market prior to the launch of H2. Neither was it marketed. Thus, it is possible that Halo2 is an original work. Therefore, there is no scope of receiving protection under the trade dress. 2.A patent provides security to an inventor to protect his work from being copied. In case of any violation the patent holder can sue the violator. If T and X had obtained business process patent on H , the release of H2 would be infringement on the patent. T and X would be eligible for receiving monetary compensation in that case. 3.A patent provides an inventor to protect his work from being copied. In case of any violation the patent holder can sue the violator. The above facts do not reveal that T and X had any copyright for the H. Thus, they cannot sue the makers of H2 for any infringement. 4.One cannot be sued for copying an idea. No patent or trademark is given on an idea. But T and X can sue B by raising a trade secret issues. The protection of trade secrets is applicable to ideas. Thus, T and X can get monetary compensation from B by proving that the idea was their original work and trade secret.
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