Intellectual Property (US)
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Time
12 hours 57 minutes
Difficulty
Intermediate
CEU/CPE
13
Video Transcription
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>> Let's talk about Intellectual Property Protection
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in the United States.
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In this lesson, we're going to go over
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the four categories for intellectual property,
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we're going to talk about the items that are
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really covered by each
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of these different types of intellectual property,
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and also talk about some of the limitations and
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scope of these different types of intellectual property.
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In the United States, there are four different types of
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intellectual property that you
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should know for this certification,
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copyright, trademarks, patents, and trade secrets.
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Copyrights are tangible expression of an idea,
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emphasis on the tangible,
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and they're books, recordings,
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films, and in the Cloud sense software.
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Software is often copywritten.
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Now there's also an important distinction between,
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usually they're created either by
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an individual or individuals are
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contracted in a work for
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hire scenario to create copywritten material.
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It's very important to understand
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that copyrighted material,
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it doesn't include ideas,
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it's really the physical expression of an idea,
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the book itself, not necessarily the ideas
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within it are copywritten.
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Copyrights can last 70 years after
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the author's death or
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120 years after the publication of the work for hire.
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There are some exceptions to copyrights.
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There are some things related to fair use,
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depending on how much of
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a copyrighted material are being used.
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Oftentimes, authors will allow their material to
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be used in academic settings under academic fair use.
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If you're criticizing work that's copywritten,
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that is covered, as well as satire.
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The world could be pretty boring if
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comedians could make fun of things.
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The next one we're going to talk about are trademarks.
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Trademark is really a specific word, slogan, or graphic.
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It's done to really protect the brand
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of a company or organization as,
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"The esteem and goodwill in the marketplace."
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Some companies are very
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insistent on protecting their brand.
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I have a funny story of when,
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during my honeymoon I went to one of
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the happiest places on Earth
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and when I was standing in front of the castle,
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my wife insisted we take pictures with
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a certain special dog,
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and I'm a cantankerous sort.
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I thought it would be really funny
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to stick my arm and pretend that
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this very well-known cartoon dog is biting me.
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It's almost as though the music stopped.
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The woman taking the photo scolded
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me immediately shaking her head no,
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and I realized I had made a tremendous
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*Bhopal in this incredibly happy place.
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Companies, they do not even want pictures of
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their trademarked depictions of
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their characters doing anything
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that deviates from their brand.
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Preventing me from taking
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that picture was part of maintaining
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the brand management of that organization.
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That's exactly what trademarks are aimed at doing,
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preventing brands from being damaged by
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their images or slogans being
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used in contexts that they don't approve.
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When it comes to trademarks, they can last forever,
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so long as the trademark is maintained.
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There are often legal arguments if
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something is not used that the trademark has
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lapsed so organizations have to make
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sure to utilize their trademark materials.
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An important aspect is the trademark is often seen by
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this TM side when the trademark is registered,
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the R is used.
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Let's talk about patents.
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Patent is filed with the U.S.
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Patent Trademark Office, pretreated office.
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Patents are reflections of novel inventions, materials,
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or even plant life like the agricultural sense.
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What a patent does is it
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provides exclusive rights to the production,
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sale, or importation of that patented item.
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In the United States, they last 20 years from
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the time that the patent application is filed.
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It can take months or years for a patent to be approved.
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That's not as long as you would think.
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You can apply for a protection
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internationally through
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the World Intellectual Property Office.
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About a 152 countries are part of that agreement.
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But patents are really about protecting
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very novel ideas and implementations and solutions.
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The last are trademarks, the special sauce.
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A trademark is really,
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it's an aspect of patent material or
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even potentially part of
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a company's process that can be like formulas,
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special blends or methods that are
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really inherent to a company's success.
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As the name would imply,
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one of the most important aspects
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of this in protecting it is
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that the material is proprietary, it's kept secret.
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It doesn't necessary have to be registered,
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but a company has to be shown that
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the material is kept secret
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and disclosure of it would harm the company.
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Now one of the exceptions to this is that,
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let's say I'm playing around with
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the spices in my kitchen and I
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come up with incredible blend for fried chicken,
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if it happens to match another well-known company,
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I'm in the right.
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I discovered that on my own,
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even if that trade secret may be used
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by very well established companies.
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Trade secrets are also last in perpetuity.
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Quiz question. The intellectual property protection
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can theoretically be maintained
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forever for which of the following?
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A novel software algorithm,
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a slogan, a cybersecurity course.
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If you said a slogan you're correct.
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A novel software algorithm, this is amassable.
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Is this a patentable thing or is this copywritten?
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Potentially some aspects of the software algorithm could
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be patented if they are truly novel,
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and then the software could be
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copywritten for distribution.
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The slogan is really the one that can be
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maintained over and over again in perpetuity.
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Cybersecurity course, getting a little matter here,
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but cybersecurity course is something that would be
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copywritten material maintained by an organization.
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Summary. We talked about the types
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of intellectual property.
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We talked about the items that are
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covered by each type of intellectual property
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>> and talked about the limitations that these things
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>> aren't maintained forever depending on the type.
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I will see you in the next lesson.
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