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Intellectual Property (Copyrights (Infringement: (The defendant had access…
Intellectual Property
Copyrights
Coverage
To merit copyright protection, such works must be fixed, original and creative, no need to satisfy novelty requirement
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Creation and Notice
copyright comes to existence upon creation and fixing, no need to register
if filing for copyright infringement, then registration needed
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Infringement:
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The defendant engaged in enough copying, either deliberately or subconsciously-that the resemblance does not seem coincidental
Punishment: ①basic recovery：owner's actual damage+infringer's attributableprofits. ②Statutory damages ③may pursue a criminal prosecution if willful, for purposes of commercial advantage or financial gains
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Fair Use Defense:
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Good candidates for fair use protection: criticism or comment; news reporting; and teaching, scholarship or research.
Patents: first to file
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not patentable: abstract ideas, scientific and mathematical concepts. but business models are patentable
Novelty requirement
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- Before-application test:cannot be granted, if, ①already patented ②in public use,on sale ③in a printed publication
- one-year window exception: one year from the public disclosure to file a patent publication
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