Business Law

Intellectual Property

Course Content Learning Objective: Describe and explain important legal concepts, demonstrate the ability to apply to new situations, and communicate solutions

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Chapter Learning Objectives: The difference between patents and trade secrets, and why a company might choose to rely on trade secrets rather than obtain a patent; what copyrights are, how to obtain them, and how they differ from trademarks.

Part I: Define each of the following terms. Be complete in your definition:

1. Intellectual Property

2. Patent

3. Copyright

4. Trade Secrets

5 Trademark

Part II: Describe the major provisions of the Economic Espionage Act of 1996. How does this legislation impact employees of a company and the company itself? Make certain to answer both parts of the question and be complete in your answer.

Part III: Trade Secrets – Read the questions or situations below and provide your answers. Please make certain to clearly identify your responses to each question or situation. Be complete in your answers.

1. Wu Dang, based in Hong Kong, hacks into the Hewlett-Packard database and “steals” plans and specifications for HP’s latest products. The HP server is located in the United States. He sells this information to a Chinese company in Shanghai. Has he violated the US Economic Espionage Act?

2. What are the advantages of keeping a formula as a trade secret rather than getting patent protection?

Part IV: Copyright – Read the questions or situations below and provide your answers. Please make certain to clearly identify your responses to each question or situation. Be complete in your answers.

1. An author wrote a novel, Brunch at Bruno’s, in 1961. She died in 1989, and her heirs now own the copyright. When do the rights of the heirs come to an end? That is, when does Brunch at Bruno’s enter the public domain?

2. Keith Bradsher writes a series of articles on China for the New York Times and is paid for doing so. Suppose he wants to leave the employ of the Times and be a freelance writer. Can he compile his best articles into a book, Changing Times in China, and publish it without the New York Times’s permission? Does it matter that he uses the word Times in his proposed title? For more information on Business Law check on this:

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