Description
Book SynopsisIdeas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection fo
Table of Contents
Chapter 1 Introduction to the Law of Ideas
Chapter 2 Legal Theories of Idea Protection
Contract Law
Breach of Express Contract
Breach of Implied Contract
Unjust Enrichment and Quasi-Contract
Breach of Confidence or Confidential Relationship
Misappropriation of Property
Chapter 3 Intellectual Property Protection and Preemption
Patent Law
Copyright Law
Trademark Law
Trade Secret Law
Federal Preemption of State Law Theories of Idea Protection
Patent Preemption
Copyright Preemption
Trade Secret Preemption
Chapter 4 Requirements for Idea Protection
The Novelty Requirement
The Concreteness Requirement
Chapter 5 Scope of Liability for Idea Theft
Recipient’s Use of the Idea
The "Blurt-Out" Defense
The Independent Development Defense
Chapter 6 Comparative Approaches to Idea Protection
Protection of Ideas under International Intellectual Property Law
Protection of Ideas under National Laws
Chapter 7 Practical Aspects of Idea Submissions
Idea Providers: The Nondisclosure Agreement
Idea Recipients: The Idea Submission Agreement
Chapter 8 Selected Bibliography on the Law of Ideas
Index of Main Cases and Authorities
Index of Terms
