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RE 19
RE Final
21
Real Estate & Planning
Professional
11/15/2011

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Intellectual Property
Definition
Name given to ownership interests in tangible expressions of ideas. These interests are commonly held in copyrights, patents, trademarks
Term
Accession
Definition
Adding value to someone else's personal property
Term
Bailment
Definition
Holding of personal property on behalf of another
Term
Copyright
Definition
Denotes an ownership interest in literary works
Term
Preemption
Definition
Instance where federal law takes precedence over state law under the Supremacy Clause of the U.S. Constitution
Term
Copyright Act of 1976
Definition
Federal body of law that governs copyrights
Term
California Art Preservation Act of 1979
Definition
Provides remedies to artists in instances in which artwork has been harmed or physically destroyed
Term
Digital Millenium Copyright Act
Definition
Federal law that provides remedies to those who have been harmed by internet activities
Term
Patent
Definition
Government-granted monopoly in an invention
Term
Trademark
Definition
Combination of words and symbols that a business uses to identify its brand
Term
Infringement
Definition
Unlawful violation of an owner's exclusive rights to intellectual property
Term
Fixture
Definition
Personal property that has been attached to real property such that it becomes part of the real property for legal purposes
Term
Chattel
Definition
Personal property ownership interest in a physical thing
Term
Actual Delivery
Definition
Places the gift into the hands of the donor
Term
Constructive Delivery
Definition
Provides donee means for obtaining the property -- ex. PIN number
Term
Symbolic Delivery
Definition
When an act is undertaken that has no actual effect, but does exemplify the donor's intent -- ex. Key to a garden
Term
Utility Patent
Definition
Ownership right in the functioning item itself -- ex. Blender, Aircraft, Drill
Term
Design Patent
Definition
Ownership interest in the appearance of an item -- ex. thermostat shaped as an Eiffel Tower
Term
Plant Patent
Definition
Ownership right in a plant that is reproduced asexually
Term
Lanham Act
Definition
Prospective owner must file an application with the U.S. Patent and Trademark Office. If issued, the process makes the registration valid nationally
Term
Doctrine of Fair Use
Definition
Limited use of another's intellectual property is permissible if the work is used for 1. Criticism 2. Comment 3. News Reporting or 4. Scholarship and Research
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