Introduction 2 IP
Intellectual Prop.
Industrial Prop. & Intellectual
Creative minds & subst. matter merged 2 protect invention, writing, & symbol
Policies & Tensions Underlying All IP’s
Priv. prop. rts v. allowing max access
Free competition v. protecting invention
Econ. int. v. prop. int.
Not wanting 2 reinvent by copying v. incentive 2 create by protecting IP
Int’l Consid’s
Imp. Treaties
Berne 4 copyrt
Paris 4 patent & trademark
GATT w/TRIPs agmt
Two Concepts
Reciprocity is treating other nationals as well as they treat ours
Nat’l treatment is treating other nationals @ least as well as we treat ours
Prob’s
Enforcement
Not uniform
Dif. policies in dev’ing v. dev’ed world
Topics Cov’ed
Trademark (T)
Unfair Competition
Trade Secret (TS)
Patent (P)
Idea Protection
Copyrt (C)
Trademark (T)
Intro
Goals
Protect pub. from confusion
Protect owner, good will, control prod. reputation
Smaller part of unfair competition by looking 2 symbol 2 see if used 2 create confusion
Fn
Indicate Source
Guarantee Consistent Quality
Advertise
Types of Mark
Trademark
Word, name, symbol, device / combo
ID prod.
Indicate source
T
Not 1st file sys.
Must use mark in interstate commerce but affecting ICC is suff.
Bona Fide Use
Can B modest as long as real & commercial (Blue Bell v. Farah)
Priority Use Sys. C/L
Might not always get priority by equity, tight X frame, & both parties poaching on already existing T (Manhatten Ind.)
Dif. marks
If T descr. mark then need 2 acquire 2ndary meaning / disctiveness by use, not priority
If inherently distinctive like fanciful, arb., then priority 2 1st use
Dif. uses
Ownership use need bona fide use & subst’l use in cnxn w/prod. in comm’l mkt 4 ownership & priority
Token use in commerce 2 support reg. but prob’s in protection
Fed. Lanham Act Amended 4 Reg.
Section 1)a: Applic. by Use
Apply 2 qualif. 4 reg.
Bona fide use in commerce so ord. use in trade, not 4 reserving
Priority on 1st use date
Section 1)b: Applic. by Intent 2 Use
Gets rid of token use
Bona fide intention
Good faith by use in commerce
Same rev. but gets notice of allowance, not reg. after 30 days
