Intellectual Property and Employment Law Terms, Quizzes of Finance

Download Intellectual Property and Employment Law Terms and more Quizzes Finance in PDF only on Docsity! TERM 1 copyright DEFINITION 1 automatic protection for creative works (expression) for the life of the Author plus 70 years. TERM 2 patent DEFINITION 2 Must be granted by the US Patent office. TERM 3 patent DEFINITION 3 Limited time exclusive use (usually 20 years) for aninvention. TERM 4 copyright DEFINITION 4 life of the Author plus 70 years. TERM 5 trade secret DEFINITION 5 under state and federal law, protects information that has been guarded as secret. TERM 6 trademark DEFINITION 6 fanciful sounds, words, symbols, that are used to designate products TERM 7 direct copyright infringement DEFINITION 7 : actual copying without permission TERM 8 contributory copyright infringement DEFINITION 8 aware of (or should know) of infringement and induced or contributed to the activity TERM 9 vicarious copyright infringement DEFINITION 9 a right and ability to control the actions of infringer and a financial gain or benefit TERM 10 copyright infringement damages DEFINITION 10 actual damages or assessed statutorily between $750 and $350,000 per work infringed TERM 21 infringement occurs when DEFINITION 21 Owners mark used in commerce in connection with sale, distribution or advertising of anothers goods/services causes confusion between the goods. or dilution: must lessen the distinctiveness of the mark by tarnishment or blurring between different goods (barbie.com, candyland.com cases) TERM 22 trade secrets DEFINITION 22 Under state and federal legislation, the law protects information that 1) has value and 2) has been guarded/protected as secret. Non disclosure agreements Covenants not to compete. TERM 23 agent principal agreement DEFINITION 23 Consent Agent will act on behalf of Principal Subject to the Principals right of control Fiduciary relationship TERM 24 agent principal agreement doesn't need DEFINITION 24 Contract Consideration May be created by the actions of the parties TERM 25 duties of agent DEFINITION 25 Duty of Care Obey instructions Share information Act with reasonable care (note that professionals must meet professional standards) TERM 26 duties of agent DEFINITION 26 Duty of loyalty No conflict of interest No competition (related to outside benefits) No inappropriate behavior TERM 27 duties of principal DEFINITION 27 Compensation (only if agreed) Reimbursement (expenses) Cooperation TERM 28 termination of agreement DEFINITION 28 Since consent is necessary, all that is required is for consent to be withdrawn. Note the relationship to employment at will concept. TERM 29 termination of agreement DEFINITION 29 Change in law (or failure to meet legal requirements) Destruction of subject matterBankruptcy of either A/P if it affects the duties Death or incapacity of either A/P Automatically upon a breach of loyalty TERM 30 Nota Bene DEFINITION 30 While express and implied authority end when an agency is terminate, apparent authority can still exist! Need to give actual notice to 3P with whom agent has dealt, and constructive notice to all others in order to specifically terminate apparent authority TERM 31 employer- employee DEFINITION 31 A type (subset) of agency relationship A high degree of control over how and when the job is done Compare to an Independent Contractor Is not an employee; no right of control May or may NOT be an agent TERM 32 elements to consider independent contractor DEFINITION 32 Method of Payment Skilled or unskilled Length of employment Is the work within the business of the employer? Belief of the parties TERM 33 contract: liability of principal DEFINITION 33 Authority may derive from these (may have more than one): Express: written or oral Implied: from the position that the principle gives the agent Apparent: from the actions/words of the principle it makes the 3P reasonably believe Ratification: afterwards, the principally can agree to be bound by the contract TERM 34 principal liability in contracts DEFINITION 34 A principal is liable for the authorized contracts of its agents. TERM 35 principal DEFINITION 35 creates/ grants authority TERM 46 major employment discrimination laws DEFINITION 46 Equal Pay Act of 1963 Age Discrimination in Employment Act of 1967 (ADEA) Pregnancy Discrimination Act of 1978Americans with Disabilities Act of 1990 (ADA)Genetic Information Nondiscrimination Act (GINA) TERM 47 title VII civil rights act 1964 DEFINITION 47 Protected classes: race, color, national origin, sex, and religion Prohibits discrimination based for these reasons, in any facet of the employment relationship; hiring, firing, promotions, conditions of employment, etc. Includes retaliation for a complaint TERM 48 disparate treatment DEFINITION 48 Plaintiff shows a prima facie case by proving that they belong to one of the protected classes, and that they were treated differently, suffering an injury Employer can prove a legitimate, nondiscriminatory reason Plaintiff can prove that it was a pretext for discrimination and a motivating factor (Civil Rights Act of 1991 and mixed motives) TERM 49 disparate impact DEFINITION 49 Prima facie case: An Employment practice disproportionately affects a protected person.(80% rule) Employer can then defend by showing that the practice is job related and a business necessity. Plaintiff can show less discriminatory alternatives. TERM 50 proof of discrimination DEFINITION 50 disparate impactdisparate treatment TERM 51 Bona Fide Occupational Qualification (BFOQ) DEFINITION 51 Defense to Religion, Sex and National Origin discrimination TERM 52 hostile work environment DEFINITION 52 Applies to any of the classes, not just for sexual harassment Usually, takes more than one comment, although could be one comment or action. > TERM 53 company liability for employee actions DEFINITION 53 By Supervisor: company is liable, regardless of policy. By Employee: if the company has an effective policy, it follows the policy, and remedies the situation then it will not be liable. TERM 54 ADA DEFINITION 54 Employers may not discriminate against someone with a disability if they are qualified for the job, with or without reasonable accommodation. TERM 55 ADA DEFINITION 55 Disability: substantially affects major life activity, a history of a disability or a perception of a disability Qualified: can perform the essential functions of the job Reasonable Accommodation: related to the company resources, need not be the best accommodation TERM 56 GINA DEFINITION 56 May not require genetic information as a condition of employment, may not purchase May not discriminate in employment because of genetic information