2023 Lecture OUTLINE 13 - Intellectual Property

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George Washington University *

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3601

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Law

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Jan 9, 2024

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Intellectual Property Lecture Outline INTELLECTUAL PROPERTY (IP) refers to something you own (i.e., property) that comes from the intellect. 4 types of intellectual property: 1. Patents 2. Copyrights Protected against infringement (Protected against the use of your thing) 3. Trademarks 4. Trade Secrets - IP is protected by federal and state statutes, treaties, and the common law. INFRINGMENT – The rights are RESERVED and protected from any UNAUTHORIZED use. MISAPPROPRIATION – The rights are not exclusive and are protected only from WRONGFUL taking or use. IP rights can be ASSIGNED or LICENSED. Which transfers greater rights, assignment or license?  Assignment  If you transfer a patent they have the rights to that patent, they own it  If you license it, you’re only giving them permission to use your intellectual property If you are a licensee, would it be better to receive an EXCLUSIVE or NON-EXCLUSIVE license?  Exclusive, because the licensor allows the licensee to use their technology, but only give it to them and no one else Instagram’s Terms of Use When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).  Royalty-free: you don’t get paid  Transferable: Instagram can transfer this license (Like if they merge or create a new company)  Sub-license: Instagram can grant a license to someone else (Reposting stuff)  Create derivative works: To take your story (Words or images) and turn it into another story (To take your idea and derive something from it) Protected against misappropriation (Somebody else is wrongfully taking or using your secret)

page 2 of 7 Protecting My Voodoo Idea Several years ago, I had an idea for a new business: I would produce and sell personalized voodoo dolls. If you sent me a picture of your worst enemy, I would convert it to a three-dimensional doll. I’d send you the doll in a cool package along with needles and a witty instruction manual for how to perform voodoo. Later I saw something like that advertised for sale, but I can prove I thought of it first. Based only on these facts, can I sue somebody?  No, because intellectual property does not protect against a mirror idea If I had told several people about my idea, could they then use my idea for their own purposes?  It depends on whether you told them of your idea, they knew or should have known that you were giving it to them in confidence or expected payment to use your idea  So if you wanted to sue, you’d have to prove the requirements above What can you do to prevent others from using ideas you share with them?  You can get them to sign an N.D.A. (Non-disclosure agreement) CONFIDENTIALITY (NON-DISCLOSURE) AGREEMENT (N.D.A.) Patent Law If no one else has, can I patent the process of voodoo?  No, because the process is not new. In order to patent something, the patented technology must be new and not being used by people already Patents are only available when the invention is NEW and USEFUL. What aspect of my voodoo doll idea could I patent?  Yes, the idea of taking a two dimensional image and making it into a three dimensional doll A patent gives exclusive rights, in effect a MONPOPLY. So, if patents interfere with COMPETITION, why does the law provide patent rights?  If anyone can take your idea, you have no incentive to share it and society cannot benefit from it  Example: A drug company spends millions of dollars on a drug, then another company copies the drug and undercuts the drug price Because they prevent competition, patent rights are limited in a couple ways: 1. 20 YEARS FROM THE TIME OF APPPLICATION 2. Lose SECRECY

page 3 of 7 The patent applicant must COMPILE AND PUBLICLY DISCLOSE all details of the invention. https://www.uspto.gov/patents/search Copyrights Could Copyright Law give me exclusive rights to any or all of my idea?  No, but you’d have rights to the packaging and instructions What copyrights do you own?  Any time you create something, a copyright arises  Examples: Text messages you send, documents you write, photographs you take, music (Lyrics, notes, and performance of them), scripts, presentations, words you speak (quotes), designs Why should the law protect these things?  To have society benefit from the ideas Copyright protection lasts for the LIFE of the AUTHOR plus 70 years. Multiple Choice Who owns the copyright to work an employee creates on the job a. The employee b. The employer c. The first to file with the U.S. Copyright Office d. All of the above The EMPLOYER owns the copyright if the work was created within the scope of employment. This is called a WORK FOR HIRE, and it will be protected for the shorter of 95 years from PUBLICATION or 120 years from CREATION. Suppose your employer tells you that you can keep the work you created. Do you own it now?  The only way to transfer copyright is by writing tip If employer says you can keep it, get it in writing! The Work for Hire Rule applies to copyrights but not PATENTS. Most companies requite their employees, as a condition of employment, to give the patent or share the patent When a professor posts copies of an article (Wall Street Journal) , is that infringement?

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