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Glossary Terms Related To Reproduction & Copyright Topics
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Generic Name
Definition:
A word used by most people to name a class or category of product or service, such as "cellular phone." No one person may have trademark rights to a generic name.
Intellectual Property Rights
Definition:
Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use; the major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks.
Community Trade Mark
Definition:
A trademark registration granted by the European Community Trademark Office and enforceable throughout EC member nations.
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.
Generic Term
Definition:
Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. These terms are incapable of functioning as trademarks denoting source, and are not registrable on the Principal Register under §2(f) or on the Supplemental Register.
First Sale Doctrine
Definition:
An exception to the exclusive right of a copyright owner to distribute copies or phonorecords of the copyrighted work. Under this principle, the copyright owner has the right to sell a copy of a book but not the right to control subsequent sales of that copy.
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