intellectual property

direct infringement

Direct infringement is the unauthorized exercise of one of the exclusive rights granted to the owner of a patent, copyright or trademark.

In patent law, direct infringement occurs when a person, without authorization, makes...

distinctive trademark

A distinctive trademark is a trademark that “identifies and distinguishes” the relevant goods or services. This is required for a trademark to be eligible for federal trademark protection and registration at the United States and Trademark...

doctrine of equivalents

The doctrine of equivalents is a means by which a holder of a patent may raise a claim of infringement even though each and every element of the patented invention is not identically present in the allegedly infringing product. The purpose...

espionage

Espionage is the crime of spying or secretly watching a person, company, government, etc. for the purpose of gathering secret information or detecting wrongdoing, and to transfer such information to another organization or state. The act of...

evaluation agreement

Evaluation agreements are contracts in which one party agrees to test another party’s idea, product, or service, usually with the intention of investing in or buying the idea, product, or service if the test results are satisfactory....

exclusive license

Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else. Normally, the license is unique to a certain area or...

exhaustion

Exhaustion refers to the doctrine that states once a product is sold by a patent owner, the patent owner can’t sue the purchaser for having an authorized copy of the patented product. The patent owner’s exclusive rights of the patented...

extradition

Overview

Extradition is the removal of a person (typically referred to as a fugitive) from a requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Some relevant case law for extradition can be found in e.g....

fair use

Fair use is a type of affirmative defense in copyright law. Regulated under 17 USC §107, the congress list four factors in deciding if a use of the original work is a fair use. The four factors are: 1) the character and purpose of the use; 2) the...

fixed in a tangible medium of expression

“Fixed in a tangible medium of expression” is one of the requirements for receiving copyright protection for a work under the Copyright Act in 17 U.S.C. § 102(a). In order to apply for copyright protection, a work must fulfill all the...

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