William Penn Life, 1994 (29. évfolyam, 1-12. szám)

1994-04-01 / 4. szám

Page 2, William Penn Life, April 1994

William Penn

LIFE

Official Publication of the William Penn Association Published Monthly Office of Publication:

709 Brighton Road Pittsburgh, PA 15233 Phone: 412/231-2979 Third Class U.S. Postage Paid Pittsburgh, PA Permit No. 2724

E. E. Vargo Editor-in-chief

George S. Charles, Jr. Frances A. Furedy Associate Editors

John E. Lovász Managing Editor

NATIONAL OFFICERS

E. E. Vargo National President

George S. Charles, Jr. National V.P./Secretary

Frances A. Furedy National V.P./Treasurer

Robert A. Kapinus Assistant Treasurer

BOARD OF DIRECTORS

Joseph P. Arvay Chairman

Michael J. Hrabar Vice Chairman

Roger G. Nagy Vice Chairman Anthony C. Beke Charles S. Fabian Louis A. Fodor Elmer A. Furedy Barbara A. House Michael R. Kara Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr.

Frank J. Radvany Secretary of the Board

AUDITING COMMITTEE Charles J. Furedy Robert A. Ivancso Co-Chairmen

Margaret H. Boso Secretary

Dennis A. Chobody Joseph Hamari Ernest J. Mozer, Sr.

CONSULTANTS

Bruce &. Bruce Company Actuary

Horovitz, Rudoy & Roteman C.P.A.

Rothman Gordon Foreman &. Groudine, P.C.

General Counsel

Dr. Julius Kesseru Medical Director

Unsolicited articles, letters, manuscripts, pictures and other material submitted to the WILLIAM PENN LIFE are forwarded at the owner's risk, and the WILLIAM PENN LIFE expressly denies any responsibility for their safekeeping or return. The WILLIAM PENN LIFE reserves the right to edit, revise or reject any article submitted for publication.

Postmaster: If undelivered, please send form 3579 to: William Penn Association 709 Brighton Road Pittsburgh, PA 15233

Protecting your thoughts and ideas

By Emil W. Herman, EsqGeneral Counsel

This is the first in a series of articles on the topic of intellectual property. In this article I will give you an overview of what constitutes "intellectual property” and in future articles, I will address each of the specific types of intellectual property. As you read these articles you may be surprised to find that you may have unknowingly violated intellectual property laws.

Article I, Section 8, clause 8 of the United States Constitution directs Congress to adopt laws which will "promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective writings and Discoveries.” That provision, drafted in 1789, is very specific as to what rights are protected (writings and discoveries), and as to the duration of those rights for the author and/or inventor (limited, not perpetual). That provision of the Constitution is the basis for this country’s intellectual property laws, the law of patents, trademarks and copyrights.

A patent gives its owner the exclusive right to the "new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.” Thus, not only may the products be protected, but the actual manufacturing process itself may be protected under patent laws. Patent protection extends for 17 years, after which the invention may be copied by any person. The inventor, therefore, has a limited right in the discovery for 17 years, and during that period, only those who have reached an agreement with the inventor can make use of the discovery. Usually, such an agreement will involve some sort of compensation to the inventor for the value of the invention. After the patent period has expired, however, anyone may make use of the discovery without the need to compensate the inventor.

Another aspect of intellectual property deals with the aesthetic thoughts we may have, and is found in copyright law. Copyright protection is afforded, among others, to artists for their artwork, composers for their musical compositions, authors for their works of fiction and non-fiction, sculptors for their sculpture, software designers for their software, and television and movie producers for their television programs and movies. How often have you heard the warning during a sporting event on television that that particular event is a "product” of the National Football League or Major League Baseball, and that reproduction of the show is prohibited without permission? Books generally contain a copyright notice on the reverse of the title page, and video cassettes contain a WARNING indicating that reproduction will be a violation of federal law.

The author, musician, sculptor, artist, etc. can register his creation with the Copyright Office. The protection begins, however, when the work is created, and not when registered. Copyright protection generally extends for 50 years beyond the life of the creator. Thus, a copyright may be part of an estate, passed on to the family for use after

the author’s death. For instance, the rights to the recording of Nat King Cole’s singing "Unforgettable” were recently used by his daughter some 25 years after his death to produce a joint recording of that song.

Trademarks have long been considered a part of intellectual property law, although not truly a writing or discovery. Rather than protecting the inventor’s invention or the author’s writing, a trademark protects the manner in which the invention becomes known to the public. Trademark protection is granted to words, colors and designs associated with a particular manufacturer.

If your favorite soft drink is cola flavored, you may prefer any cola soft drinks, or a specific brand of cola soft drink, for instance, Coke or Pepsi. "Cola soft drink” brings no specific visual image to mind, but when you think of the term Coke or Pepsi, most of you can probably visualize the can or bottle label of that product. Each manufacturer has created a particular color scheme, a unique print type, and other visual designs which are unique to its own product. The manufacturers of Coke and of Pepsi are able to protect that visual description of their product by registering the design with the United States Trademark Office. No other manufacturer can market its product with the same color scheme, under the same name, or with the same design; nor may it use one deceptively similar. To do so would violate the Lanham Act, governing trademark protection.

Trademark law benefits two classes of people. First, it benefits the manufacturer who may have spent thousands of dollars designing a specific logo to achieve instant identification for its product and does not want to see "knock off” copies of that design attached to inferior goods. Secondly, it protects the consumer, who has certain expectations when purchasing a product with a recognizable trademark and who is entitled to have those expectations met. Trademark protection can be for an unlimited period of time so long as the owner of the trademark regularly files an affidavit establishing that the trademark continues to be used.

Finally, there is intellectual property protection afforded authors and inventors even when they have failed to obtain a patent for their invention, or to register their trademark or copyright their original composition. This protection falls under the common law theories of unfair trade practices and trade secrets. For instance, some inventors, rather than taking a limited right in their invention for 17 years, have chosen to keep the invention process a trade secret, and achieve perpetual protection, so long as the secret is not revealed.

Y ou now have an overview of the law of intellectual property. In the coming months we will examine each aspect in more detail.

Emil W. Herman, Esq., is general counsel to William Penn Association and senior partner of the Pittsburgh Law firm of Rothman Gordon Foreman & Groudine, P.C.

William Penn Fraternal Association Scholarship Foundation, Inc.

ELIGIBILITY RULES FOR 1994 SCHOLARSHIP GRANTS

The Board of Directors has established the following rples governing eligibility for scholarship recipients:

a) The student applying for a scholarship grant must be a life benefit member of the William Penn Association for three years as of January 1 of the year for which application is made. A life benefit member is one who is insured for life or endowment benefits.

b) A parent or grandparent of the applicant must be a life beriefit member of the William Penn Association, or the student must be a child of a deceased member.

c) Students may apply for scholarship grants only if they h^ve' been accepted by or are currently attending an accredited college, university or school of nursing. A transcript of the applicant's scholastic record must be attached to the application.

d) Scholarship grants will be awarded to full-time students ojily.

e) Since the awarding of scholarship grants is based primarily on the financial need of the applicant’s family, the parents of jhe applicant must file a confidential financial statement on a firm provided by the Scholarship Foundation and be willing to provide any and all other information which may be required.

f) All applications must be postmarked no later than Friday, May 20,1994. Late applications will not be considered.

g) Grants are awarded for a two- and four-year period. In order to be considered for scholarship grants in ensuing years, the student must notify the President of the Scholarship Foundation , by letter

postmarked no later than May 20,1994, that he or she wishes to continue receiving the scholarship grant. In addition, the student must submit his or her scholastic record for the previous semester and proof of enrollment for the continuing term as soon as such documents become available. However, the letter requesting renewal of the grant must be sent even if the scholastic record and proof of enrollment are not available by May 20,1994.

h) We suggest that a student’s application or renewal letter be sent to the President of the Scholarship Foundation via certified mall so that there is no question as to the mailing date or receipt of same at the Home Office.

i) All applications and renewal letters must be submitted by the student seeking the grant. Any request for a grant submitted by a parent or guardian will not be considered.

j) Applications for scholarship grants must be made on forms furnished by the Scholarship Foundation. All necessary forms may be obtained by contacting:

E. E. Vargo, President

William Penn Fraternal Association Scholarship Foundation, Inc.

709 Brighton Road, Pittsburgh, PA 15233

k) Scholarship grants will be awarded by the Executive Committee of the William Penn Fraternal Association Scholarship Foundation, Inc., once each year. Grants will be paid directly to the applicant provided he or she is a member in good standing on the date the grant checks are issued.

Deadline for Applications - May 20,1994