Издательство Nolo, 2007, -592 pp.
9th edition
Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection. Typically, intellectual property encompasses creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law. The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. If the owner could not legally require payment in exchange for use, ownership of the intellectual property would have litle if any commercial value.
Example 1: At the end of the 1930s Walt Disney took a big gamble. Nobody had ever made a full-length animated feature. Many people felt the idea was foolish, including Mr. Disney’s business partner and brother, Roy. But Walt Disney believed that the public was ready for full-length animated features and in 1937 he borrowed heavily from Bank of America to make the film, Snow White and the Seven Dwarfs. The success of that film led to other classic animated features including Fantasia, Lady and the Tramp, and 101 Dalmations. These films are now among the most valuable copyright properties in the world and have been rereleased numerous times and in different formats. The Disney Company has eaed billions of dollars from the monopoly created by its copyrights on full-length animated films. The company has successfully used copyright law to prevent others from copying and selling the films without authorization.
Example 2: In the 1990s, Lonnie Johnson, an ex-NASA engineer, improved upon a staple of every child’s toy weapons arsenal when he created one of the most popular toys of the 1990s, a squirt gun with phenomenal spraying power. Mr. Johnson acquired a U.S. patent for his invention (U.S. Pat. 4591071) and was able to license the rights to several companies who paid millions of dollars in royalties to Mr. Johnson. The product was sold under the trademarked name Super Soaker, and the exclusive right to use this name further enhanced the value and good will of the product. Under patent law, Mr. Johnson was able to stop others, during the term of his patent, from the unauthorized making, using and selling of his invention.
Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take a trespasser to court. This is the most well-known benefit of owning intellectual property: The owner acquires exclusive rights and can file a lawsuit to stop others who use the property without authorization. If the intellectual property owner does not confront the person or company or who has acted without permission, then the illegal activity will likely continue.
Introduction
Patent Law
Copyright Law
Trademark Law
Trade Secret Law
9th edition
Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection. Typically, intellectual property encompasses creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law. The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. If the owner could not legally require payment in exchange for use, ownership of the intellectual property would have litle if any commercial value.
Example 1: At the end of the 1930s Walt Disney took a big gamble. Nobody had ever made a full-length animated feature. Many people felt the idea was foolish, including Mr. Disney’s business partner and brother, Roy. But Walt Disney believed that the public was ready for full-length animated features and in 1937 he borrowed heavily from Bank of America to make the film, Snow White and the Seven Dwarfs. The success of that film led to other classic animated features including Fantasia, Lady and the Tramp, and 101 Dalmations. These films are now among the most valuable copyright properties in the world and have been rereleased numerous times and in different formats. The Disney Company has eaed billions of dollars from the monopoly created by its copyrights on full-length animated films. The company has successfully used copyright law to prevent others from copying and selling the films without authorization.
Example 2: In the 1990s, Lonnie Johnson, an ex-NASA engineer, improved upon a staple of every child’s toy weapons arsenal when he created one of the most popular toys of the 1990s, a squirt gun with phenomenal spraying power. Mr. Johnson acquired a U.S. patent for his invention (U.S. Pat. 4591071) and was able to license the rights to several companies who paid millions of dollars in royalties to Mr. Johnson. The product was sold under the trademarked name Super Soaker, and the exclusive right to use this name further enhanced the value and good will of the product. Under patent law, Mr. Johnson was able to stop others, during the term of his patent, from the unauthorized making, using and selling of his invention.
Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take a trespasser to court. This is the most well-known benefit of owning intellectual property: The owner acquires exclusive rights and can file a lawsuit to stop others who use the property without authorization. If the intellectual property owner does not confront the person or company or who has acted without permission, then the illegal activity will likely continue.
Introduction
Patent Law
Copyright Law
Trademark Law
Trade Secret Law