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Intellectual property law
the group of laws that regulates the ownership and use of creative works
UNIFORM TRADE SECRECTS ACT (UTSA
Is the basis of all intellectual property
- protecting an invention; grants an inventor the right to exclude others
- from making, using, or selling an invention during the term of the patent
protecting a logo for a business; a work, symbol, design, or color that a business uses to identify itself or something it sells
- protecting written music, software, movies or books; a legal device that protects original
- works of authors
protect anything not covered under the above three laws.
is a document that grants an inventor the right to exclude others from making, using, or selling an invention during the term of the patent.
- comprises all intellectual property whose protection has expired which means now anyone can use the invention or any part of it
Rule to Create a Patent
- FOR A PATENT RULES ARE:
- The invention must not contain prior art; and not be based on anything publicly
- available before its invention
- •2. The invention must fit into one of five
- classes; a
- machine (rocket or fax), a process (chemical reaction), articles of manufacture
- (furniture), a composition (gasoline), or a new use for one of the four
- •3. The invention must be “unobvious,”
- even to someone skilled in the field.
- •4. The invention must have utility,
- which means it must be useful, not just whimsical or silly.
is the time between the application and the acceptance or rejection.
- occurs when someone makes and sells a product that contains all elements of a patent
- is a legal device that protects original works of authors
- A copyright lasts for the life of the author plus 70 years.
- is a word, symbol, design, or color that a business uses to identify itself with
- something it sells.
A Service Mark
is a work, symbol, design, or color that describes a service business
Permits and Licenses
are legal documents giving official permission to run a business
is a binding legal agreement between two or more persons or parties
Contract must meet 4 conditions
- occurs when one party to a contract makes an offer or promises to do or refrain
- from doing something, and the other party accepts.
- is what is exchanged for the promise
- is the legal ability to enter into a binding agreement
- –LEGALITY-there cannot be provisions that are illegal or that would result in illegal
An Oral Contract
is an unwritten contract that does not last for more than one year.
A Void Contract
- contract is one that never existed in the first place because the parties did not have
- the capacity to enter into the contract.
A Valid Contract
is most common for businesses because it meets several important criteria.
The EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
is the government agency charged with protecting the rights of employees.
Federal Child Labor Laws
- 18 cannot work in hazardous jobs
- 16 can only work a restricted number of hours
- 14 can only work in certain jobs, like delivering newspapers or working for
- their parents
- is the right of an employee to sue his or her employer for damages if they feel they
- have been terminated for an unacceptable reason.
- is any unwelcome sexual conduct on the job that creates an intimidating, hostile,
- or offensive working environment
is the charging of different prices for the same product or service in different markets or to different customers
Uniform Commercial code
- is a group of laws that regulate commercial business transactions. It applies to
- sales transactions among merchants
- FORMATION OF CONTRACTS is covered under UCC to determine valid contracts
- •WARRANTIES are also part of UCC and help to protect buyers
- A WARRANTY OF MERCHANTABILITY is a guarantee about the quality of goods or
- services purchased that is not written down or explicitly spoken. It assures a
- new item will work for its specified purpose.
covers the legal theory that manufacturers are responsible for injuries caused by their products
is part of product liability due to insurance. Manufacturers must give clear warnings of potential dangers.
Truth in Lending
is enforced by the Federal Trade Commission (FTC) and requires those businesses who give credit to reveal all terms and conditions of their credit agreements
Laws that regulate Trade
- Product Liability
- Increased Cost
- Truth in Lending
Bait and Switch
involves advertising at a very low price to attract customers who are then persuaded to switch to a more expensive product
4 Rules to false of misleading advertising
- Misleading Ads
- Sale Prices
- Price Commissions
- Bait and Switch
- •SALES TAX is a percentage of the price of an item that goes to a state or local government
- •PAYROLL TAX are certain taxes that are deducted from an employees earnings;
- •FICA, or Social Security Tax is a percentage of an employees income which must be matched by the employer. There is a ceiling on this tax.
- •INCOME TAX is also withheld; federal and state in California
- BUSINESS AND CORPORATE TAXES