美国版权查询网站-美国图片在哪里购买版权

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2、之后进入美国版权局官网首页后,下拉至Search Copyright Records中,再点击Learn More。

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英日对照翻译的美国知识产权法介绍,希望对你有用

アメリカ知财槁预位础知识(BASICS OF US IP STRATEGY)

Four Types of Intellectual Property(4种类の知的财产兀

Patents (特许)

Trademarks(商标)

Copyright(著作兀

Trade Secrets(トレ`ドシ`クレット)

What is Patent?(特许とは何か)

Definition of patent(特许の定义)

The right to exclude others from making, using, selling, offering for sale, or importing the invention throughout the United States

Limitations of patent(特许丐蜗藿纾

Geographical(地理的限界)

A patent issued by one country cannot be enforced in another C the inventor or its assignee must apply in each country in which patent protection is desired

Time(时间的限界)

A patent is enforceable for a limited period; 20 years from filing date for most types, 14 years for any new, original and ornamental design for an article of manufacture

What is patentable?(何が特许の象となるか)

Processes(プロセス、方法)

Apparatus(机械)

Manufactured goods(制品)

Compositions of matters (组成物)(such as chemical compounds)

What are the requirements?(特许要件は何か)

An invention must be

Novel (新规性)

non-obvious(非自明性)

Useful(有用性)

One Year Time Limits for Filing in US(1年间のアメリカにおける特许出愿期间)

An application must be filed within one year of the earliest of any of the following:

the date that the invention is offered for sale or sold in the United States.

the date that the invention is used in public in the United States;

the date that the invention is published anywhere in the world;

Steps for Obtaining a Patent in US(特许取得までの流れ)

Consulting with a patent attorney

Conducting a patentability search on the invention

Preparing a disclosure of the invention

Preparing and filing patent application in the US Patent and Trademark Office (PTO)

Examination by PTO and PTO’s office action

Publication in 18 months after filing date

Submitting responses

Notice of Allowance by PTO and payment of an issue fee

Issuance of patent

Who Owns an Invention?(谁がk明の所有者か)

Between employer and employee(雇用者と疽翟奔洌

Without written assignment or implied-in-fact assignment (in the case that an employee was hired for the specific purpose of the invention), an employee owns the invention

Employer obtains only a non-exclusive, royalty-free license to use the invention (Shop Right)

Importance of a written assignment agreement

Who Owns an Invention? (谁がk明の所有者か)

Between co-inventors or co-developers(共同k明家、开k者间)

Without an agreement, each joint inventor or each joint developer has a full right to the invention

Two companies end up as joint owners of the invention and any resulting patent

Each company may use it freely

Importance of a written agreement regarding which party owns it, how they can use the invention, how they can exploit the invention, and how they will share profit

What is a Trade Secret?(トレ`ドシ`クレットとは何か)

Information, including a formula, pattern, compilation, program device, method, technique, or process, that are protected by trade secret law.

Such as know-how (e.g.manufacturing techniques); business information (e.g. new product information, business methods, source of supply, customers lists, and even knowledge of a particular customer’s needs), and ideas (e.g. innovations relating to new technology and manufacturing methods).

Example:

CoCa Cola Formula(コカコ`ラの原液の组成)

Three Conditions for Protection(保护のための3つの要件)

The information must not be “generally known” or “readily ascertainable” through proper means. (一般に知られていないこと)

The information must have “independent economic value” due to its secrecy. (秘密にすることにUg的があること)

The trade secret holder must use reasonable efforts under the circumstances to protect the secrecy of the information.(秘密を守ることに合理的な努力をしていること)

Reasonable Measures to Keep Secret(秘密を守る合理的な方法)

A trade secret holder must use “reasonable measures under the circumstances” to protect the confidentiality of the information.

Two Protection Measures (2种类の保护制度)

Two broad categories of measures that a business can take to protect the secrecy of its trade secrets:

physical security measures (物理的秘密保护制度), and

notice measures(通知による秘密保护制度).

Physical security measures prevent people who do not need to know the information from coming in contact with the information (e.g., confidentiality barriers).

Notice measures put persons who come in contact with the information on notice that the information is to remain secret.

Physical Security Measures(物理的秘密保护制度)

A business should:

determine how information flows into, through and out of the business;

place physical security barriers wherever reasonable; and

seek to preclude access by all those who do not need to know the information.

Notice Measures (通知による秘密保护制度)

Generally, an employee will not be held responsible for keeping information confidential if the employer has not expressed any desire to keep the information confidential. Therefore, all employees (and others) with access to confidential information should be given express notice as to what information is to remain confidential.

Notice Measures (通知による秘密保护制度)

Choose procedures that will be easy to show to a court (i.e., leave a paper trail wherever possible).

Any communication that identifies either what information is confidential or how to handle confidential information will work as a notice measure (e.g., employee handbooks, memorandum,, newsletters, and signs).

Notice Measures (通知による秘密保护制度)

Non-Disclosure Agreement(秘密保持契约) Should be Signed

Trade secrets are often lost through disclosures in the absence of a Non-Disclosure Agreement (NDA).

NDA for Employees

NDA for Business Partner

Trade Secret Protection (トレ`ドシ`クレットの保护内容)

Trade secret law prevents misappropriation (i.e., wrongful taking of trade secret information).

A wrongful taking can occur in a variety of manners.

For example, the taking of information would be wrongful when the taking is a: breach of contract, breach of fiduciary obligation, theft, or other legal wrong.

Injunctive Relief and Damages

Patent vs. Trade Secret(特许とトレ`ドシ`クレット)

Patent advantages(特许の长所)

Perfect exclusivity C you can stop others from using the invention even if others independently developed the invention

Patent disadvantages(特许の短所)

Limited period of protection

Discloses technology

Patent vs. Trade Secret (特许とトレ`ドシ`クレット)

Trade secret advantages(トレ`ドシ`クレットの长所)

Unlimited period of protection

Inventions maintained in secrecy

Trade secret disadvantages(トレ`ドシ`クレットの短所)

Cannot stop others form using the invention if it was independently developed by the others or if it was discovered by reverse engineering.

Easily lost if it is disclosed to public

A third-party patentee could stop a trade secret owner from performing a trade secret, even if the trade secret owner invented (but never disclosed) first

What is Copyright?(著作丐趣虾韦)

A Copyright is an intellectual property right to protect the tangible expression of ideas(具体的な考えの表现), not to protect an idea itself.

For example, a copyright protects an author of a book from having the work copied but does not protect the author from having the ideas disclosed in the book utilized.

Subject Matter of Copyright(著作丐象)

(1) literary works(文芸著作物);

(2) musical works, including accompanying words(音S著作物);

(3) dramatic works, including any accompanying music(演剧著作物);

(4) pantomimes and choreographic works(舞踏振り付けの著作物);

(5) pictorial, graphic, and sculptural works(砘雕刻著作物);

(6) motion pictures and other audiovisual works(动画视著作物);

(7) sound recordings(录音著作物); and

(8) architectural works(建筑著作物).

Subject Matter of Copyright (著作丐象)

Computer Programs/Software(コンピュ`タ`プログラム、ソフトウエア-):

Prior to 1980 courts generally viewed computer programs as literary works protected by copyright as literary works. A 1980 amendment to the Copyright Act extended copyright protection to computer programs, which it defined as “a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result.”

Subject Matter of Copyright (著作丐象)

Derivative Works(派生著作物)

A “derivative work” is a work based upon preexisting material to which enough original creative work has been added so that the new work represents an original work of authorship.

Examples of a derivative work include an English translation of a book written in Japanese, a movie based on a book, and a jazz version of a pop song.

Remaking right (リメ`ク兀 is one type of copyrights to derivative works.

How to obtain a Copyright(著作丐稳〉梅椒ǎ

A copyright starts to exist as soon as a work of expression is rendered in some fixed, tangible form, such as a book, word processor file, audio recording, digital recording, etc.

A registration is not required for a valid US copyright.

How to obtain a Copyright (著作丐稳〉梅椒ǎ

Two Requirements of Copyrightability(著作丐2要件)

(1) Fixation(固定性). The work must be fixed in a tangible medium of expression. That means it must be reduced to some physical form or representation “sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration.”

How to obtain a Copyright (著作丐稳〉梅椒ǎ

(2) Originality(独创性). There are two aspects to originality C independent creation and a modest quantum of creativity:

A. Independent Creation(独立した创造). This condition is met if the work was not copied from another work. This condition does not require the work to be new, novel, or unique.

B. Quantum of Creativity(わずかの创造性). This condition is met if the work demonstrates a minimal amount of creative authorship. Artistic merit or aesthetic value is not required.

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