Reviewing: Intellectual Property Rights Two computer science majors, Trent and X

Question

Reviewing: Intellectual Property Rights Two computer science majors, Trent and Xavier, have an idea for a new video game, which they propose to call Hal- lowed. They form a business and begin developing their idea. Several months later, Trent and Xavier run into a problem with their design and consult a friend, Brad, who is an expert in designing computer source codes. After the software is completed but before Hallowed is marketed, a video game called Halo 2 is released for both the Xbox and the Play- station systems. Halo 2 uses source codes similar to those of Hallowed and imitates Hallowed's overall look and feel. although not all the features are alike. Using the information presented in the chapter, answer the following questions. 1. Would the name Hallowed receive protection as a trademark or as trade dress? Explain 2. If Trent and Xavier had obtained a patent on Hallowed, would the release of Halo 2 have infringed on their patent? Why or why not? ment? Why or why not? duced Halo 2. Which type of intellectual property issue does this raise? 3. Based only on the facts described above, could Trent and Xavier sue the makers of Halo 2 for copyright infringe- 4. Suppose that Trent and Xavier discover that Brad took the idea of Hallowed and sold it to the company that pro-

Explanation / Answer

Patent law was first designed to help inventors of various processes, machines, articles of manufacture a composition of matter that is new useful and non obvious to be granted a right 2 prevent copying and imitation of the invention and is basically the right to exclude others from utilising the invention without Express permission from the inventor or creator. This is to encourage and incentivize creators and ensure that all benefits arising out of the creation accrue to the actual creator, and others do not exploit the creation to benefit from it without passing on some percentage of the benefits to the original creator. Patents hold a limited time term of 20 years from the earliest application filing date which is extendable in certain cases, after which the creation is available in the public domain free for anyone to utilise. This is meant to help others to build on the foundational technology and creation to improvement and development by innovative integration

1) The name hallowed would receive protection as a trade dress has to be protected by a design patent trademark needs to be an article of manufacture along with being something new and ornamental while not having similarities to existing patents. Trade dress refers to a trademark which is registered for the exclusive overall appearance of a product and generally describes the feel of the product. This suit for registration of non-functional features which cannot be shared by different producers of similar products. Whether trade dress registration is applicable is decided on the basis of functionality, be able to identify its source, is distinctive and not similar to any existing registered intellectual property, be used information manual and be primarily non-functional.

2) Trent and Xavier had obtained the patent unhallowed the release of Halo 2 would have infringed on their patent as it would amount to making an item similar to a patented item without permission of the patent holder. The type of infringement maybe indirect infringement encouraging adding another in infringing the patent through involvement of Brad. The patent infringement would be admissible under the doctrine of equivalents as being a product that performs a substantially similar task in a similar manner in order to achieve similar results. As Halo 2 infringed in this manner the doctrine of equivalents would be applicable.

3) Trent and Xavier cannot sue the makers of Halo 2 for copyright infringement as Halo 2 was released before hallowed was marketed which would result in the alleged infringer but into the defence of the patent not meeting the essential requirements of Novelty and non obviousness which are mandatory for patent protection. Novelty requires the product invention to be entirely new with no similarity to any existing product while nonobviousness refers to requirement for the invention to be exclusive. The release of Halo 2 before hallowed results in hallowed having similarity to another product which existed before its release, thereby making its patent invalid. The burden of proof infringement lies upon the Patent holder by production of preponderance of evidence. The patent holder should be able to prove beyond doubt through the evidence available that the patent is valid and was infringed.

4) this raises the intellectual property issue under the trade secrets protection. IV type of intellectual property apart from patents, trademarks, and copyrights is trade secrets which consists of information which may be a diagram, Patan, program, methodology or technique or process which is unique and contains certain information the knowledge of which by another could result in loss of economic advantage for the creator, with subsequent advantage to the infringer. It is essential that any and every person being provided information on knowledge about the trade secret be made to sign a non disclosure agreement for adequate protection of all the information.

Related Questions

Navigate

• Browse (All)
• Browse R
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.