Patents, copyrights and trademarks.
For a plaintiff in patent infringement case to receive amount that is equivalent to reasonable royalty, all the known facts that are available to the parties should be considered. In determining the amount, an assumption should apply that both parties both had entered into a hypothetical agreement before the infringement and there was willingness for both to come to an agreement (Brauneis, 2009). The amount should be equal to the one that would have resulted from the hypothetical negotiation (35 U.S.C. § 284). The attorney fees can be recovered in such a case if it is shown by enough evidence that the case of infringement is exceptional (35 U.S.C. § 285). There is an additional remedy in patent infringement if the section 289 is revoked where total profits are not to be apportioned (35 U.S.C. § 289). According to (35 U.S. Code § 271 ) whoever- including states and state officer – sells or uses a product that is made through a process patented in U.S without authority shall be regarded as an infringer (35 U.S. Code § 271) (Brauneis, 2009).
The duration of a copyright created on 1st January, 1978 starts from the time it was created until to such time as similar to the author’s life plus another 70 years after his death. The 17 U.S. Code § 304 provides that where the rights of the author revert to two persons or more, they shall extend to the said persons a share proportionate to amount stated in law (Brauneis, 2009).
According to the trademark act of 1899, it did away with the immunity of federal and states governments on case involving the infringement on trademark (15 U.S. Code § 1114). The government shall keep a record of all the marks including from nations that are part of international conventions and which U.S is part (Brauneis, 2009).
Reference
Brauneis, R. (2009). Intellectual property protection of fact-based works: Copyright and its alternatives. Cheltenham: Edward Elgar.1.288-299
