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Information Resources
by Deborah E. Bouchoux
Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets
Copyright
Figures
Preface
Recognizing and Protecting Your Company's Intellectual Property
The Value of Intellectual Property
The Four Key Types of Intellectual Property
Types of Intellectual Property Owned by Business Professionals
Complementary Strategies to Protect Intellectual Property
Using Intellectual Property Assets to Increase Revenue
When to Obtain Legal Counsel
Affirmative Strategies to Protect Intellectual Property Assets
Trademark Basics
The Four Types of Trademarks
Business Names
How Rights in Marks Are Acquired: Federal Registration, State Registration, and Common Law Rights
What Can Be Protected under Trademark Law
Exclusions from Trademark Protection
Trademark Selection and Searching
Trademark Selection: Picking the Strongest Mark
Methods of Selecting a Mark
Determining Trademark Availability
Trademark Search Tips
The Trademark Application Process
Types of Applications
The U.S. Patent and Trademark Office
The Benefits of Federal Registration
The Trademark Application
Filing and Other Formalities
Examination of the Application
Publication for Opposition
Issuance of Certificate of Registration or Notice of Allowance
International Protection
Maintaining, Monitoring, and Transferring Your Trademark
Maintaining Your Registration
Making Your Mark Incontestable
Docketing Maintenance Dates
Abandonment of Trademarks
Genericide of Trademarks
Protecting Your Marks
Sale of Trademarks
Licensing of Trademarks
Using Trademarks as Collateral
Trademark Infringement, Cancellations, and Dilution
The Test for Determining Trademark Infringement
Infringement Actions
Remedies for Infringement
Petitions to Cancel Registrations
Trademark Dilution
Trademark Counterfeiting
Trademarks and the Internet
Domain Names and Trademark Law: Cybersquatting
Hyperlinking, Jurisdiction, and Complaint Sites
Tips for Trademark Use in the Internet Age
Copyright Basics
Introduction to Copyrights
The U.S. Copyright Office
What Can Be Protected under Copyright Law
Exclusions from Copyright Protection
Compilations, Collections, and Derivative Works
Semiconductor Chip Protection
The Rights of Copyright Owners
The Five Basic Rights of Copyright Owners
Moral Rights
Fair Use
The Copyright Application Process: Ownership, Registration, Notices, Duration, and Transfers
Copyright Ownership
Works Made for Hire
Benefits of Copyright Registration
Introduction to Copyright Applications
The Copyright Application
Filing the Application
Notice of Copyright
Duration of Copyright Protection
Transfers of Copyright
Termination of Transfers
International Copyright Protection
Copyright Infringement
The Fair Use Defense
Other Defenses
Infringement Actions
Top Ten Copyright Myths
Emerging Copyright Trends: Software Usage and Internet Policies
Ten New Issues in Copyright Law
Copyright and the Internet
Patent Basics
What Can Be Protected under Patent Law
How Patent Rights Are Acquired
Exclusions from Patent Protection
The U.S. Patent and Trademark Office
Invention Development Organizations
Patent Searching, Patent Applications, Duration, and Transfers
The Need for a Patent Search
Examination of the Patent Application
Allowance, Issue, Correction, and Reissue of Patent
Patent Marking
Patent Duration and Maintenance
Design and Plant Patent Applications
Patent Transfers and Licenses
International Patent Protection
Patent Infringement
Reexamination of Patents
Patent Infringement
Patent Infringement Actions
Modern Infringement Practice and Infringement Avoidance
Emerging Patent Trends
Patent Protection for Computer Programs
Patent Protection for Business Methods
Biotechnology Patents
Trade Secret Basics
Definition and Governing Law
What Can Be Protected under Trade Secret Law
Maintaining Secrecy
Trade Secret Protection Methods
Innocent Receipt of Trade Secrets
Using Nondisclosure Agreements
Trade Secret Litigation
Disclosure to Government Agencies
Unfair Competition
Governing Law
Forms of Unfair Competition
The Federal Trade Commission
Owning the Work Product of Your Employees and Independent Contractors
Ownership of Work Created by Employees
Ownership of Work Created by Independent Contractors
Protecting Your Employees through Nonsolicitation Clauses
Protecting Your Information through Nondisclosure Agreements
Covenants Not to Compete
Idea Submission
Intellectual Property Audits
Avoiding Infringement of Others' Intellectual Property
What to Do if a Claim of Infringement Is Made against Your Company
Information Resources
Government Agencies
Educational Sites
Commercial Sites
Organizations
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What to Do if a Claim of Infringement Is Made against Your Company
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Government Agencies
Appendix. Information Resources
Government Agencies
Educational Sites
Commercial Sites
Organizations
Law Firm Sites
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