CHAPTER 11
FUNDAMENTALS OF INTELLECTUAL PROPERTY LAW
William A. Zucker and Scott J. Nathan
11.2 THE MOST FUNDAMENTAL BUSINESS TOOL FOR PROTECTION OF TECHNOLOGY IS THE CONTRACT
11.2.1 Prevention Begins at Home—Employee and Fiduciary Duties
11.2.2 Employment Contract, Manual, and Handbook
11.2.3 Technology Rights and Access in Contracts with Vendors and Users
11.3 PROPRIETARY RIGHTS AND TRADE SECRETS
11.3.1 Remedies for Trade Secret Misappropriation
11.3.2 Vigilance Is a Best Practice
11.4 COPYRIGHT LAW AND SOFTWARE
11.4.1 Works for Hire and Copyright Ownership
11.4.2 Copyright Rights Adhere from the Creation of the Work
11.4.5 Formulas Cannot be Copyrighted
11.4.6 Copyright Does Not Protect the “Look and Feel” for Software Products
11.4.7 Reverse Engineering as a Copyright Exception
11.4.11 Semiconductor Chip Protection Act of 1984
11.4.12 Direct, Contributory, or Vicarious Infringement
11.4.13 Civil and Criminal Remedies
11.5 DIGITAL MILLENNIUM COPYRIGHT ACT
11.6 CIRCUMVENTING TECHNOLOGY MEASURES
11.6.1 Exceptions to the Prohibitions on Technology Circumvention
11.7.1 Patent Protection Requires Disclosure
11.7.2 Patent Protection in Other Jurisdictions
11.8 PIRACY AND OTHER INTRUSIONS
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