BLAW EXAM 3 KU Amii Castle Questions and Answers

BLAW EXAM 3 KU Amii Castle Questions and Answers Trade Secrets (intellectual property) any form of knowledge that has economic value from not being generally known. - not readily ascertainable by others -owner has mad reasonable effects to maintain secrecy (UTSA) Intellectual Property -Not tangible -information -laws protect the ownership of info Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:15 Full screen Brainpower Read More Article 1 section 8 (intellectual property)"To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." elements of Trade secrets 1. establishing that a trade secret exists 2. demonstrating misappropriation misappropriation (trade secret) when one improperly acquires secret information through burglary, espionage, or computer hacking or when one discloses info that they had a duty to keep injunction (an order by judge either to do something or to refrain from doing something nondisclosure agreements keeping trade secrets confidential contractually civil and criminal enforcement of a trade secret Civil- owner of trade secret may go to court to obtain an injunction or money damages Criminal- Economic Espionage Act, fines up to $5 million & 10 years imprisonment Types of trade secrets technical scientific economic engineering Patents an inventive act and conveys a right to exclude others from making, using, selling, or importing the covered intention. (patent and trademark office) Types of patents Plant Utility Design Utility Patent & expiration date applies to useful functional inventions. New non-obvious inventions, compositions of matter or improvements thereof. 20 years from filing date Plant Patent & when does it expire? New variety of plant that can be reproduced asexually. 20 years from filing date. (May also be protected as utility) Design Patent & expiration time original and ornamental design for an article of manufacture (appearance). 14 years from ISSUE date (more similar to copyrights) Obtaining a patent {Before} inventor pays a filing fee to the PTO 1. explain how to make and use the basic invention 2. show why the invention is different from previous invention 3. precisely detail the subject matter that the inventor regards as the invention (called claims) Requirements to obtain a patent....(must show patent examiner) novelty (new and different), non-obvious (unexpected results), and utility (do something useful) Steps to protect from copyright infringement -owner can sue those who infringe -injunction prohibiting future infringement -damages for losses resulting of infringement -triple damages for willful infringement Patent Prosecutor attorney who helps people get patents triple damages permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff patent trolls person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art. often do not manufacture products or supply services based upon the patents in question. fee shifting helps reduce patent trolls. Judges force the losing party to pay the winning sides cost trademarks a statutorily created property in a mark, word, picture, or design that attaches to goods and indicates there source(PTO) Trademark infringement -intentional use of another mark -accidental design of ones mark, i.e. too similar Lanham Act provides incentives for registering trademarks especially at the federal level, because you can still sue for an unregistered trademark Trademark enforcement law protects the owner from having the mark used in an unauthorized way, or confusingly similar way (infringement) -likelihood of confusion trade dress (Trademark) refers to a color shape or shape associated with the general design trademark registration first.... -mark must be used in interstate commerce (online uploading meets these qualification) -or an intent to use application can be filed followed by an amended use application -must be distinctive likelihood of confusion standard employed in trademark law to determine if the use of a mark by 2 companies is too similar. generic when a trademark is not vigilantly protected and loses its distinctiveness. Winning a trademark infringement lawsuit as the defendant....... 1. mark is not distinctive 2. there is little chance of public confusion 3. Fair use, relates to parodies criticism, or discussion. Trademark dilution (Federal Trademark Dilution Act 1995 prevents this) using a mark the same or as similar to another "famous" trademark, so as to dilute its significance Types of trademark dilution blurring tarnishment blurring when a firm uses another trademark in a way that blurs the distinctiveness of another tarnishment when a firm uses a trademark in a way that creates a negative impression about a famous company copyright right to exclude other from your work, under the basis of original expression rather than invention. 3 things needed for copyright protection 1. must be original work. Created not copied. 2. must be fixed in a tangible medium. i.e. Canvas, book, disc, hard drive 3. work must show some creative expression What is the registration requirement for copyright? none How long do copyrights last? individual- the authors life plus 70 years 95 years from publication or 120 years from creation for a work by a company Copyright infringement cases must prove 1. reproduction of the owners exclusive rights 2. creation of derivative works 3. distribution 4. perfomance piracy large-scale copyright infringement (criminal) Copyright enforcement -attaches the moment it is created -CP infringement action cannot be filed unless/until the author has properly registered in the CP office Fair Use {not infringement} copying for criticism, comment, news or teaching etc. -for non profit educational purposes -nature of the copywriter work -amount & substantiality of the portion used -the effect of the use upon the potential market for the work Civil and criminal enforcement of copyrights civil- actual damages as well as statutory damages criminal- copies may be seized, fines imposed, and jail time ( only the US gov. can pursue) statutory damages a certain amount of money set by a judge for each work infringed regardless of any lost revenue. White collar (criminal law) any illegal offense that occurs in a business or professional sense, generally for financial gain embezzlement (criminal law)(white collar) the fraudulent appropriation by one person acting in a fiduciary capacity of the money or property of another (also can be categorized under larceny) often by employee Trade secret theft (criminal law)(white collar) selling trade secrets or making them public when they were obviously closely guarded felonies (criminal law) punishable by fine or imprisonment in a penitentiary for one year or more. misdemeanor (criminal law) punishable by fine or jail sentence less than one year. Federal crimes Cross state lines affect interstate commerce State crimes crimes committed with states borders indictment felony cases are commenced by a grand jury_____________ information misdemeanor cases are commenced when the government files a charge called an _______________________________ grand jury determines if there is sufficient evidence to warrant a trial. intent Willfully or knowingly. an act committed voluntarily and purposefully with specific intent. not because of a mistake nolo contendere "no contest", allows sentencing as if the defendant pleaded guilty. avoids the cost of a trial and effect of pleading guilty Grand Jurys consist of how many people? 23 but at least 16 must be present to hear evidence and vote. Majority rules Probable Cause the reasonable basis on which the grand jury will decide on whether to send a case to trial. Or whether to issue a warrant 5th amendment privilege against compulsory self-incrimination and refuse to answer question arraignment formal reading of criminal charges 4th amendment protects individuals and corporations from unreasonable search and seizures by the government unreasonable search and seizures violation of the 4th amendment, occurs when a valid search warrant is not obtained or when the stop of a valid warrant is exceeded. search warrant must be obtained by the police officer prior to a search of a person or property. Must have probable cause warrant exceptions -search incident to arrest, Arresting officers can search that person and the immediate surrounding evidence -plain view doctrine -consent -exigent circumstances (if police think the evidence will be destroyed, ex. phone data) expectation of privacy the expectation that one will not be observed by the state, provided by the 4th amendment exculpatory evidence evidence that is helpful to the defendants case. Government must hand it over. miranda rights 5th amendment rights thats you are given once in custody. 1.) right to remain silent 2.)Anything you say can and will be used against you in a court of law. 3.)If you cannot afford an attorney, one will be appointed for you. 4.) do you understand? double jeopardy (5th amendment) no person shall be subject for the same offense to be twice put in jeopardy of or limb. Does not prevent to trials by federal and state. whether they are found innocent, guilty, or charges are dismissed 6th amendment rights - to a speedy and public trial -to a trial by jury -to be informed of the charges against you -to confront your accuser -to subpoena witnesses in your favor -to have the assistance of an attorney double jeopardy in mistrials the government can retry the defendant without violating double jeopardy in cases of mistrials speedy trial act 6th amendment (6ht amendment) -defendant must be tried 70 days from date of indictment -trial must be public, judge may use discretion to close proceedings trial rights -Fair cross section of the community -serios offenses = potential 6 months imprisonment -12 members not required in jury -unanimity in jury not required Judge imposes sentences based on.... - criminal history -severity of crime right to council - at every stage -in an any case with potential incarceration -retained or court appointed Fraud (definition and Consequences) Knowingly and willingly falsifying or concealing a material fact -Civil liability and criminal liability scheme to defraud a plan or program designed to take from a person the tangible right of honest services. mail/wire fraud mail- the use of the U.S. postal service or any other interstate carrier wire- the use of radio, television, telephone internet or other wired forms of communication .......to conduct fraudulent activities with the intent to deprive an owner of property Mail/wire fraud penalties statutory penalties involve fines set by judge and 20 years in prison. can be proven through assumption Material fact a fact that would be important to a reasonable person in deciding whether to engage in a transaction intent to defraud to act knowingly and with specific purpose good faith (sincere intention) a complete defense against fraud because it is inconsistent with the principles of the intent to defraud securities fraud (security exchange act) fraud in the purchase or sale of security -defendants are typically corporate officers health care fraud -billing for services not actually performed -falsifying diagnosis to bill for extra treatments -selling covered prescription meds (department of justice under the false claims act) bankruptcy crimes (fraud) an action involving the falsification of documents filed in a bankruptcy case concealment (bankruptcy fraud) hiding property during a bankruptcy proceeding with the intent to deceive or cheat creditors trustees or judge conspiracy a agreement or partnership for criminal purposes in which each member becomes the agent or partner of every other member conspiracy elements - 2 or more persons come to a mutual understanding to try to accomplish an unlawful plan -willingly joined -a member committed an overt act to further the conspiracy obstruction of justice occurs when an individual commits an act with the intent to obstruct the legislative/judicial process overt act any transaction or event knowingly committed by a conspirator in an effort to accomplish the conspiracy. EX. testifying falsely, shredding documents while under an official investigation false statement to a bank it is a federal crime for anyone to willfully make a false statement to a federally insured financial institution max sentence- 2 years imprisonment & $5,000 fine false statements must...... relate to a material fact and be untrue by the person making the statement exculpatory no the doctrine that merely denying guilt is not a criminal lie in response to a question from an agency of the federal gov. (no longer valid) false statement to a federal agency it is a federal crime for anyone to knowingly and willingly make a false statement to a department or agency of the united states Max sentence- 5 years imprisonment & 10,000 fine larceny the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. robbery larceny by violence or threat such as with a gun burglary breaking into a building with the intent to commit a felony. (larceny) cyber crime crimes that committed using the internet or other forms of computer technology 2 types of cyber crimes 1. theft of personal data copyright child pornography cyberbullying 2. Accessing a computer without authorization i.e. hacking aiding and abetting acting under the direction of someone accused of a criminal activity to facilitate a crime accessory similar to aiding and abetting, can be before the crime or after it has been committed See 48 more Add or remove terms About us About Quizlet How Quizlet works Careers Advertise with us Get the app For students Flashcards Test Learn Solutions Q-Chat: your AI tutor Quizlet Plus Study Guides For teachers Live Checkpoint Blog Be the Change Quizlet Plus for teachers Resources Help center Honor code Community guidelines Privacy Terms Ad and Cookie Policy Quizlet for Schools Parents Language English (USA) © 2024 Quizlet, Inc. COPPA Safe Harbor Certification seal