Duhaime's Law Dictionary

Duhaime's Intellectual Property and Internet Law Dictionary

Intellectual property and Internet law Dictionary© Duhaime.org! Behind every good invention, including just about everything on the Internet, is a patent, trademark or copyright ... if not an industrial design etc. If you are a creator - and who isn't nowadays? - you need to be familiar with the legal terms and concepts which form the backbone of those laws which protect creators, otherwise known as intellectual property. This law dictionary has been created entirely by lawyers for the people, all in plain language, authoritative and hyper-linked to the cases that matter.

Action or inaction which binds a person legally even though it was not intended as such.
Ambush Interview
An unfair, deceptive or manipulative journalism practise of select use of interviews so as to create deceitful impressions.
Audiovisual Work
Serial images, with or without sound, intended to be shown by the use of projectors, viewers, or electronic equipment, regardless of the nature of the material in which the works are embodied.
Available range of frequencies for transmission on a single communications line.
Berne Convention
An international copyright treaty.
An electronic form of currency.
The making of an unauthorized copy of a commercially unreleased performance.
Choice of Law Clause
A term of a contract which sets the jurisdiction for dispute resolution, or the applicable law, in the event of any dispute between the conrtracting parties.
Common Law
Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain.
Common Law Trademark
Ownership of a mark used in commerce which is asserted because of use and not by the fact of registration.
The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the "Copyright Act", or some similar name.
Using the Internet to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm someone else.
Synonymous with Internet; a decentralised but interconnected body of data and self-maintained telecommunications network.
The bad faith registration of trademarks, as domain names, by non-trademark owners, who then try to sell the domain names back to the trademark owners.
Design Patent
A patent on ornamental or aesthetic features of a device.
Double Patenting
An attempt by a patentee to receive two consecutive patents on essentially the same invention thus extending the term of exclusivity.
Fair Dealing
A limited exception to the exclusivity of intellectual property allowing fair critique or private study use of the protected material, and with appropriate acknowledgement.
Fair Use
A statutory exemption to copyright for criticism, comment, news reporting, teaching, scholarship, or research.
A licensing contract in which a holder of certain legal rights gives another to sell or package those rights.
The person who receives, for consideration, the license to right to sell a product or service and to operate a business along the lines developed by the franchisor and using the franchisor's trade name or other designation.
An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.
A common law right given to the audiences of public performances to openly express their opinion of the performance.
Legal rights which are intangible such as copyrights or patents.
Industrial Design
A new product or packaging design, or some such ornamental feature, and eligible for intellectual property law exclusive-use protection.
Intellectual Property
Ethereal property; of the mind, intangible, with no corporeal existence, though capable of being expressed in a tangible medium.
A global computer network through which the almost-instant delivery of data or files occurs between connected computers.
Internet Service Provider
An entity that provides any Internet communication service, including connectivity to subscribers.
Any new and useful art, process, machine, manufacture or composition of matter or improvement thereof.
A special permission to do something on, or with, somebody else’s property which, were it not for the license, could be legally prevented or give rise to legal action in tort or trespass.
Literary Agent
A person who represents the author of a book for which publication is sought, represents that author with prospective publishers.
The absorption of one thing or legal right into another.
Nominative Fair Use
The use of another's trademark to identify a thing and does not imply current sponsorship or endorsement.
Nondisclosure Agreement
A contract between the holder of confidential information and another person to whom that information is disclosed, prohibiting that other person from disclosing the confidential information to any other party.
An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years.
A person to whom a patent has been granted; who appears on the official government registry as the patent owner.
Peer-to-Peer File Sharing
The downloading of a computer file to a user's computer, using software, which then allows the user to make the file available to other users, other "peers".
Personal Email
An email sent by an employee within an employer's server but which serve no business purpose.
Personal Information
Information that identifies or describes an individual.
Material object in which sounds are fixed and from which the sounds can be perceived, reproduced, or otherwise communicated.
Piracy (Intellectual Property)
Unauthorized duplication of an matter protected by intellectual property.
Point of NoveltyTest
A test to assist in determining whether a product infringes upon an existing design patent; whether the accused product appropriates the novelty of the patented one.
Post Mortem Auctoris
Latin: After the author's death.
A person's right to control access to his or her personal information.
Public Domain
Property that is available or accessible to the public.
The use of an individual's name, image or reputation to promote products or services.
Investigating or closely studying a subject.
Reverse Payment
A payment by a patent holder to an infringer in consideration of the infringer's cease and desist.
Reversionary Interest
Any interest, vested or contingent, the enjoyment of which is postponed.
Right to be Forgotten
A right to have personal information deleted from some second party's electronic or paper records or databases.
Scenes A Faire
Elements of an original work that are so trite or common that they are not captured by copyright.
Unsolicited email transmitted through the Internet.
Suggestive Mark
A trademark which does not describe the product but instead suggests it, requiring some imagination to connect with the nature of the product.
Take Down Notice
A notice sent to an Internet service provider allleging and detailing unlawful publishing activity
A word, name, logo or slogan used by a person selling goods or services to distinguish and identify their goods or services from those of another.
Trade Secret
Unique and discreet commercial information.
Vienna Code
An international classification standard for, where present, the figurative element(s) of a trade-mark.
World Wide Web
The aggregate of active web sites forming and available through and on the Internet.
Separable fasteners of the slide-controlled type.

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