Berne Convention

Definition:
The major multilateral copyright treaty, signed in Berne, Switzerland, in 1886. The Berne Convention, whose members form the Berne Union, is adhered to by nearly 150 nations, including the United States.

Joint Inventor

Definition:
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.

Cancellation Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to cancel an existing registration of a mark. The proceeding may only be filed after issuance of a registration. A petition for cancellation may be filed by any person who believes that he or she is or will be damaged by the registration of the mark.

Substantial Similarity

Definition:
The degree of resemblance between a copyrighted work and a second work that is sufficient to constitute copyright infringement by the second work. Exact word-for-word or line-for-line identity does not define the limits of copyright infringement.

Special 301

Definition:
A statute that requires the U.S. Trade Representative (USTR) to identify, on an annual basis, those foreign territories that deny adequate and effective protection of intellectual property rights or fair and equitable market access for Americans relying on intellectual property protection.

Good Will

Definition:
The value of a business or of a line of goods or services that reflects commercial reputation. A business with a well-established good will could see all of its tangible assets destroyed, yet still own its reputation, its good will.

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