Dictionary

 

Intelectual Property Law

A work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc

Keywords

Acquiescence

Action or inaction which binds a person legally even though it was not intended as such

Audiovisual Work

Serial images, with or without sound, intended to be shown by the use of projectors, viewers, or electronic equipment, regardless of the nature of the material in which the works are embodied

Bandwidth

Available range of frequencies for transmission on a single communications line

Berne Convention

An international copyright treaty called the Convention for the Protection of Literary and Artistic Works signed at Berne, Switzerland in 1886; since amended several times

Bootlegging

The making of an unauthorized copy of a commercially unreleased performance

Common Law Trademark

Ownership of a mark used in commerce which is asserted because of use and not by the fact of registration

Copyright

The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the "Copyright Act", or some similar name

Cyberspace

Synonymous with Internet; a decentralized but interconnected body of data and self-maintained telecommunications network

Cyber squatting

The bad faith registration of trademarks, as domain names, by non-trademark owners, who then try to sell the domain names back to the trademark owners.

Design Patent

A patent on ornamental or aesthetic features of a device

Double Patenting

An attempt by a patentee to receive two consecutive patents on essentially the same invention thus extending the term of exclusivity

Fair Dealing

A limited exception to the exclusivity of intellectual property allowing fair critique or private study use of the protected material, and with appropriate acknowledgement

Fair Use

A statutory exemption to copyright for criticism, comment, news reporting, teaching, scholarship, or research

Franchise

A licensing contract in which a holder of certain legal rights gives another to sell or package those rights

Franchisee

The person who receives, for consideration, the license to right to sell a product or service and to operate a business along the lines developed by the franchisor and using the franchisor's trade name or other designation

Franchisor

The legal rights holder who licenses, in whole or in part, those legal rights to another pursuant to a franchise agreement

Hissing

A common law right given to the audiences of public performances to openly express their opinion of the performance

Incorporeal

Legal rights which are intangible such as copyrights or patents

Industrial Design

A new product or packaging design, or some such ornamental feature, and eligible for intellectual property law exclusive-use protection

Intellectual Property

Ethereal property; of the mind, intangible, with no corporeal existence, though capable of being expressed in a tangible medium

Internet

A global computer network through which the almost-instant delivery of data or files occurs between connected computers.

Internet Service Provider

An entity that provides any Internet communication service, including connectivity to subscribers

Invention

Any new and useful art, process, machine, manufacture or composition of matter or improvement thereof

License

A special permission to do something on, or with, somebody else’s property which, were it not for the license, could be legally prevented or give rise to legal action in tort or trespass

Merger

The absorption of one corporation by another

Nominative Fair Use

The use of another's trademark to identify a thing and does not imply current sponsorship or endorsement

Patent

An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years

Patentee

A person to whom a patent has been granted; who appears on the official government registry as the patent owner

Peer-to-Peer File Sharing

The downloading of a computer file to a user's computer, using software, which then allows the user to make the file available to other users, other "peers"

Personal Email

An email sent by an employee within an employer's server but which serve no business purpose

Personal Information

Information that identifies or describes an individual

Phonorecord

Material object in which sounds are fixed and from which the sounds can be perceived, reproduced, or otherwise communicated

Piracy (Intellectual Property)

Unauthorized duplication of a matter protected by intellectual property

Point of NoveltyTest

A test to assist in determining whether a product infringes upon an existing design patent; whether the accused product appropriates the novelty of the patented one

Post Mortem Auctoris

After the author's death

Public Domain

Property that is available or accessible to the public

Research

Investigating or closely studying a subject

Reverse Payment

A payment by a patent holder to an infringer in consideration of the infringer's cease and desist

Reversionary Interest

Any interest, vested or contingent, the enjoyment of which is postponed

Scenes A Faire

Elements of an original work that are so trite or common that they are not captured by copyright

Take Down Notice

A notice sent to an Internet service provider alleging and detailing unlawful publishing activity

Trademark

A word, name, logo or slogan used by a person selling goods or services to distinguish and identify their goods or services from those of another

Trade Secret

Unique and discreet commercial information

World Wide Web

The aggregate of active web sites forming and available through and on the Internet

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