Misappropriation

Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.

First-To-File

Definition:
The first person/entity to file an application for a patent receives the patent no matter who was the first to invent the invention.

Substantial Similarity

Definition:
The degree of resemblance between a copyrighted work and a second work that is sufficient to constitute copyright infringement by the second work. Exact word-for-word or line-for-line identity does not define the limits of copyright infringement.

Copyright

Definition:
An exclusive right granted or conferred by the government on the creator of a work to exclude others from reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public.

Design Patent

Definition:
A government grant of exclusive rights in a novel, nonobvious, and ornamental industrial design. A design patent confers the right to exclude others from making, using, or selling designs that closely resemble the patented design.

Berne Convention

Definition:
The major multilateral copyright treaty, signed in Berne, Switzerland, in 1886. The Berne Convention, whose members form the Berne Union, is adhered to by nearly 150 nations, including the United States.

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