1、MODULE C - LEGAL,SUBMODULES C1. Conflict Of Interest/Code Of Ethics C2. Antitrust C3. Torts C4. Intellectual Property C5. Speaking For The Society,ASME C&S Training Module C4,1,REVISIONS,CHANGE,SLIDE,DATE,All quizzes deleted, remainder of slides renumbered. All Notes deleted. Last bulleted item revi
2、sed. First item revised. All bulleted items revised.,9 11 31,7/7/08,C4. Intellectual Property,ASME C&S Training Module C4,3,OBJECTIVES,This submodule will Describe ASMEs policies for the protection and use of intellectual property including Copyrighted material Trademarks Referencing of patented ite
3、ms and trademarks in codes and standards,ASME C&S Training Module C4,4,AGENDA,Protection of ASME Copyrights Protection of ASME Trademarks Referencing of Patented Items and Trademarks,ASME C&S Training Module C4,5,I. PROTECTION OF ASME COPYRIGHTS,ASME C&S Training Module C4,6,COPYRIGHT,Definition A p
4、roperty right which grants certain exclusive rights to creators (“authors“) of original works Exclusive rights include protection against unauthorized printing, reprinting, publishing, copying, selling, translating, conversion, arrangement, adaptation, delivery or performance of the copyrighted work
5、 Registration not required, but grants important legal privileges,ASME C&S Training Module C4,7,PROTECTING ASMES INTELLECTUAL PROPERTY,Policy All codes and standards publications must be registered with the U.S. Copyright Office upon publication. Protects the Society and its members from unauthorize
6、d copying and distribution of codes and standards Protects against use of C&S extracts out of context (a safety hazard),ASME C&S Training Module C4,8,PROTECTING ASMES INTELLECTUAL PROPERTY,Policy (contd) All C&S committee members must acknowledge in writing: Copyright and all rights to all materials
7、 produced by ASME Codes and Standards committees are owned by ASME. ASME may register copyright in its own name. The only permitted reproduction of ASME copyrighted material is for Committee business.Reference: Society Policy P-12.15, CSP-11,ASME C&S Training Module C4,9,COPYING FROM ASME DOCUMENTS,
8、Obtaining permission Request must be submitted in writing. Must include: List of material to be copied Number of copies to be made Brief description of intended use Must be submitted as follows: Both for hard copy and electronic copy, to C&S Systems Administrator,ASME C&S Training Module C4,10,COPYI
9、NG FROM ASME DOCUMENTS,Royalty chargesPercent of Original Copied Royalty Charge 10% (max. 25 pages) No charge 25% 5% of List Price x # copies 50% 10% of List Price x # copies 75% 25% of List Price x # copies 75% and over 70% of List Price x # copies,ASME C&S Training Module C4,11,TRANSLATING ASME DO
10、CUMENTS,Obtaining permission Submit requests to C&S Systems Administrator Must agree to: Include a statement in each document, in both English and translation language, stating that English version is official version Acknowledge that permission to translate and reproduce was granted by ASME Provide
11、 ASME with one copy of the translated version,ASME C&S Training Module C4,12,TRANSLATING ASME DOCUMENTS,Royalty chargesNumber of Copiesto be Printed Royalty Charge1-500 15% of List Price x # copies 500 First 500:15% of List Price x 500 copiesCopies over 500:10% of List Price x # copies,ASME C&S Trai
12、ning Module C4,13,RESPECTING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS,ASME policies Copyright and other intellectual property rights of third parties must be respected. An individual submitting copyrighted material for use by ASME is responsible for notifying ASME staff so they can obtain permissi
13、on. Identify copyrighted material early; ASME staff will seek permission to use.,ASME C&S Training Module C4,14,RESPECTING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS,Identifying the copyright owner Notice of copyright generally located at front of document Notice of copyright includes Name of copyri
14、ght owner Year in which publishedCAUTION: Lack of a Notice of Copyright is no guarantee that the document is not protected by copyright.,ASME C&S Training Module C4,15,II. PROTECTION OF ASME TRADEMARKS,ASME C&S Training Module C4,16,TRADEMARKS,Definition A word, phrase, symbol or design which identi
15、fies and distinguishes the source of goods or services of one party from those of others Types of marks Trademarks Service marks Certification marks Collective trademarks and membership marks,ASME C&S Training Module C4,17,TRADEMARKS, COPYRIGHTS & PATENTS,Trademarks are different from copyrights and
16、 patents A copyright protects an original artistic or literary work. A patent protects an invention.,ASME C&S Training Module C4,18,TRADEMARKS,Trademark rights established by: Actual use of mark Registering mark with PTO (not required) Use of “TM”, “SM”, and “TM” and “SM” may be used by anyone may b
17、e used only with registered symbols,ASME C&S Training Module C4,19,CERTIFICATION MARKS,Definition: A word, symbol, device, or combination thereof Used by parties other than the marks owner Indicates inspection or checking by someone other than the mark user Right to use obtained by applying to mark
18、ownerUses (Types) To certify the source geographic region To certify the quality, materials, or mode of manufacture of goods or services To certify the manufacturer,ASME C&S Training Module C4,20,CERTIFICATION MARKS,Certification mark (vs. Trademark) Certification mark may not be used by mark owner.
19、 Certification mark owner does not control nature and quality of marked products. Owner controls use of certification mark by others. Certification mark does not indicate source of product. Goods or services have been inspected or in some way checked by someone other than producer.,ASME C&S Training
20、 Module C4,21,REGISTERED ASME CERTIFICATION MARKS,ASME C&S Training Module C4,22,USE OF ASME MARKS,Use on items May only be used on items with full code compliance - no exceptions May only be used by holder of Certificate of Authorization Must be removed if improperly used,ASME C&S Training Module C
21、4,23,USE OF ASME MARKS,Use in advertising May be used to show that clearly specified items will carry symbol ASME logo may never be used,ASME C&S Training Module C4,24,USE OF ASME MARKS,ASME 9000 symbol May not be used on products May be used in advertising or company letterhead if meaning properly
22、represented,ASME C&S Training Module C4,25,CSP-53 PROTECTION OF ASME MARKS,Policies All programs with marks must provide for designated oversight. Designated oversight measures must comply with ASME-developed criteria. Provide reasonable assurance that activities comply with ASME code or standard Pr
23、ovide for notification of noncompliance ASME must qualify organizations or individuals,ASME C&S Training Module C4,26,CSP-53 PROTECTION OF ASME MARKS,Authorized types of designated oversight Authorized Inspection Agency (AIA) ASME accredited insurance company or enforcement authority Uses Authorized
24、 Inspectors (AI) Qualified Inspection Organization (QIO) ASME qualified organization (but not an AIA) May not be an entity authorized to use ASME marks Uses Qualified Inspectors (QI),ASME C&S Training Module C4,27,CSP-53 PROTECTION OF ASME MARKS,Authorized types of designated oversight (contd) Certi
25、fied Individual (CI) Employee of an entity authorized to use ASME marks Qualified and certified by the entity Subject to evaluation by ASME during entitys accreditation review,ASME C&S Training Module C4,28,CSP-53 PROTECTION OF ASME MARKS,Required documentation for use of mark Data reports or certif
26、icates of conformance Signed by person responsible for oversight Record retention Reports/certificates must be traceable to Certificate Holder Standard establishes retention period,ASME C&S Training Module C4,29,III. REFERENCING OF PATENTED ITEMS AND TRADEMARKS,ASME C&S Training Module C4,30,REFEREN
27、CING PATENTED ITEMS (CSP-59),Guidelines Patented Items should not be referenced explicitly in standards Requirements should be written in performance language Patented item is one means of satisfying If performance language not practical, patented item may be referenced If use of patented item is ne
28、cessary to meet standard, follow ANSIs patent policy,ASME C&S Training Module C4,31,ANSI PATENT POLICY,If standard requires or draft standard proposes use of a patented item: Patent holder must supply ANSI with: General disclaimer that they do not hold or intend to hold patent OR Written assurance o
29、f reasonable licensing terms Early disclosure of patents enhances efficiency of process Licensing terms are not subject to committee deliberation,ASME C&S Training Module C4,32,REFERENCING TRADEMARKED ITEMS (CSP-59),Guidelines Trademarked Items should not be referenced explicitly in standards. Requi
30、rements should be written in performance language. Trademarked item is one means of satisfying If performance language not practical, trademarked item may be referenced. If reference to trademarked item is necessary, words “or the equivalent” shall follow the reference.,ASME C&S Training Module C4,3
31、3,SUMMARY,Protection of ASME Copyrights Protection of ASME Trademarks Referencing of Patented Items and Trademarks,ASME C&S Training Module C4,34,REFERENCES,Codes & Standards Policies* CSP-53, Protection of ASME Marks CSP-59, Referencing Patented Items and Trademarks in Codes and Standards*Available on C&S Web site at: http:/cstools.asme.org/csconnect/CommitteePages.cfm?Committee=A01000000&Action=7609,
