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Homework 1 - Legal Aspects

The document discusses various topics relating to intellectual property law. It begins by identifying the five major types of intellectual property as copyrights, trademarks, patents, trade dress, and trade secrets. Examples are provided of works that can be copyrighted, including literary, dramatic, musical, and software-related works. The response also lists things that cannot be copyrighted such as common knowledge, ideas, recipes, choreography, and names/short phrases. Trademark infringement is defined as the unauthorized use of a trademark in a manner that causes confusion about a good or service's source. The differences between utility patents, design patents, and plant patents are outlined. Finally, the advantages and disadvantages of trade secret protection are contrasted, with indefinite

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112 views2 pages

Homework 1 - Legal Aspects

The document discusses various topics relating to intellectual property law. It begins by identifying the five major types of intellectual property as copyrights, trademarks, patents, trade dress, and trade secrets. Examples are provided of works that can be copyrighted, including literary, dramatic, musical, and software-related works. The response also lists things that cannot be copyrighted such as common knowledge, ideas, recipes, choreography, and names/short phrases. Trademark infringement is defined as the unauthorized use of a trademark in a manner that causes confusion about a good or service's source. The differences between utility patents, design patents, and plant patents are outlined. Finally, the advantages and disadvantages of trade secret protection are contrasted, with indefinite

Uploaded by

何日明Harry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Commercial Law ID: 408615218 May 11, 2022

Name: 何日明
Homework_ Legal Aspects

1. What are famous types of Intellectual Property (IP)? (10 pts)


The five major types of intellectual property are:
 Copyrights
 Trademarks
 Patents
 Trade Dress
 Trade Secrets

2. What are IP given examples based on the types you provide in Question 1? (10
pts)

Some examples of the types of works covered by copyright protection include


works that are literary (novels, poems, etc.), dramatic, musical (songs, sheet
music, etc.), architectural, cartographic, choreographic, pantomimic, pictorial,
graphic, sculptural, audiovisual, and software-related (yes, in the U.S.,
computer programs are also literary works, under the definition in the
Copyright Act). 

3. What cannot be copyrighted? (20 pts)


 Common Knowledge
 Ideas, Methods, and Systems
 Recipes
 Choreography and Speeches
 Names, Titles, Short Phrases
 Clothing

4. What does Trademark infringement mean? (20 pts)


Trademark infringement is the unauthorized use of a trademark or service mark on
or in connection with goods and/or services in a manner that is likely to cause
confusion, deception, or mistake about the source of the goods and/or services.

5. What are differences among Utility Patent, Design Patent and Plant Patent? (20
pts)

 Utility patents, which generally cover how an invention functions or how an invention
is made.
 Design patents, which cover the ornamental, non-functional features of an invention.
 Plant patents, which cover certain newly discovered plants.

6. What are advantages and disadvantages of Trade Secret protection? (20 pts)
ADVANTAGES DISADVANTAGES

Trade secret law provides indefinite future If someone came up with the same idea on
protection, so long as the trade secret stays a their own, the trade secret is no longer
secret. Trade secret protection has no protected by law.
expiration date.
Trade secret protection prevents the disclosure Trade secret law does not give the holder
or use of the trade secret by one to whom the of a trade secret protection from reverse
secret was disclosed in confidence. engineering by the public or a competitor.

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