Alexander Zubtsov
‘Why Do We Have Trade Secrets?’
Page 3,4
Trade secret (коммерческаятайна) (1862) 1. A formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors; information - including a formula, pattern, compilation, program, device, method, technique, or process that (1) derives independent economic value, actual or potential, from not being generally known or readily ascertainable by others who can obtain economic value from its disclosure or use, and (2) is the subject of reasonable efforts, under the circumstances, to maintain its secrecy. - This definition states the majority view, which is found in the Uniform Trade Secrets Act. [Cases: Antitrust and Trade Regulation ~413.] 2. Information that (1) is not generally known or ascertainable, (2) provides a competitive advantage, (3) has been developed at the plaintiff's expense and is used continuously in the plaintiff's business, and (4) is the subject of the plaintiff's intent to keep it confidential. This definition states the minority view, which is found in the Restatement of Torts § 757 (1939). [Cases: Antitrust and Trade Regulation] Intellectual property like know how, formulas, processes and confidential information giving the owner a competitive advantage. Unauthorized disclosure will bring harm to the owner.
Secret (тайна) 1.Something that is kept from the knowledge of others or shared only with those concerned. 2. Information that cannot be disclosed without a breach of trust; specif., information that is acquired in the attorney-client relationship and that either (1) the client has requested be kept private or (2) the attorney believes would be embarrassing or likely to be detrimental to the client if disclosed.
Property (собственность) (14c) 1. The right to possess, use, and enjoy a determinate thing (either a tract ofland or a chattel); the right of ownership <the institution of private property is protected from undue governmental interference>. - Also termed bundle of rights. [Cases: Constitutional law] Property G~ 1.] 2. Any external thing over which the rights of possession, use, and enjoyment are exercised <the airport is city property>. [Cases: Property 1].
Intellectual property (интеллектуальнаясобственность).(1808) 1.A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition. 2. A commercially valuable product of the human intellect, in a concrete or abstract form, such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret. - Abbr. IP.
Justification (обоснование, подтверждение) A maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel. A defense of justification is a defense showing the libel to be true, or in an action of assault showing the violence to have been necessary. See Steph. Pi. 184. In practice.The proceeding by which bail establish their ability to perform the undertaking of the bond or recognizance. (1): the act or an instance of justifying (2): something that justifies; specif: a legally sufficient reason or cause (as self-defense) for an act that would otherwise be criminal or tortious (3): the affirmative defense of having a legally sufficient justification compare excuse.
|
|
Page 5,6
Uniform Trade Secrets Act (UTSA) Единыйзакон о коммерческойтайне (UTSA) A 1979 model statute, enacted by most states, defining trade secret differently from the common law by being at once broader (because there is no continuous-use requirement) and narrower (because information "readily ascertainable by proper means" cannot qualify).• The Act has three elements: (1) the information must qualify as a trade secret; (2) it must be misappropriated, either through wrongful means or by breaching a duty of confidentiality; and (3) the owner must have taken reasonable precautions to keep the information secret. - Abbr. UTSA. - Also termed Uniform Trade Secrets Protection Act. [Cases: Antitrust and Trade Regulation 411.]
MISNOMER (неправильноеназвание) Mistake in name; the giving an incorrect name to a person in a plead- ing, deed, or other instrument.
APPENDIX (приложение) n. (16c) 1. A supplementary document attached to the end of a writing <the brief includes an appendix of exhibits>.• For the requirements of an appendix to a federal appellate brief, see Fed. R. App. P. 30.2. English law. A volume that contains material documents and other evidence presented in a lower court. • The volume is used by the House of Lords or Privy Council when functioning as an appellate tribunal. PI.appendixes, appendices.
A printed volume, used on an appeal to the English house of lords or privy council, containing the documents and other evidence presented in the inferior court and referred to in the cases made by the parties for the appeal. Answering in some respects to the “paper-book” or “case” in American practice.
Secrecy (секретность) The state or quality of being concealed, esp. from those who would be affected by the concealment; hidden.
Page 7,8
Constitution. (конституция) (18c) 1. The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties. [Cases: Constitutional Law C='500.] 2. The written instrument embodying this fundamental law, together with any formal amendments.
|
|
Free riding (дефицит) 1.The act of taking credit or deriving other benefit from the efforts or contributions of others.
Value received. (Полученнаястоимость) (17c) Consideration that has been delivered. - This phrase is commonly used in a bill of exchange or promissory note to show that it was supported by consideration. [Cases: Bills and Notes C=:' 12,40,90,98.]
Restreatment of Torts (сводправовыхнормпогражданскимправонарушениям/изложениеделиктов) is authoritative, highly influential treatises issued by the American Law Institute. It summarizes the general principles of tort law established by the common law of the United States of America (i.e., the courts of the individual states as opposed to the federal courts; there is no federal common law in the USA). The "one-bite rule," the doctrine of negligence, and other principles of dog bite law are found in the Restatement of Torts.
Misappropriation (присвоение), n. (I8c) 1.The application ofanother's property or money dishonestly to one's own use. See EMBEZZLEMENT. Cf. APPROPRIATION; EXPROPRIATIO:-l (1). 2. Intellectual property. The common~law tort of using the noncopyrightable information or ideas that an organization collects and disseminates for a profit to compete unfairly against that organization, or copying a work whose creator has not yet claimed or been granted exclusive rights in the work. Int'l News Servo V. Associated Press, 248 U.S. 215, 29 S.Ct. 68 (1918). • The elements of misappropriation are: (1) the plaintiff must have invested time, money, or effort to extract the information, (2) the defendant must have taken the information with no similar investment, and (3) the plaintiff must have suffered a competitive injury because ofthe taking. [Cases: Copyrights and Intellectual Property C:::> 108.] 3. The doctrine giving rise to such a tort claim. misappropriate, vb.
Page 7,8
defendant (обвиняемый/ответчик) (di-fen-dJnt). (14c) A person sued in a civil proceeding or accused in a criminal proceeding. - Abbr. D. Cf. PLAINTIFF.
Page 9,10
Restreatment of Torts (сводправовыхнормпогражданскимправонарушениям/изложениеделиктов) is authoritative, highly influential treatises issued by the American Law Institute. It summarizes the general principles of tort law established by the common law of the United States of America (i.e., the courts of the individual states as opposed to the federal courts; there is no federal common law in the USA). The "one-bite rule," the doctrine of negligence, and other principles of dog bite law are found in the Restatement of Torts.
|
|
Page 11,12
Copyright. (авторское право) n. (ISc) 1. The right to copy; specifically, a property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. [Cases: Copyrights and Intellectual PropertyG= I.] 2. The body of law relating to such works. Copyright law is governed by the Copyright Act of 1976. 17 USCA §§ 101-1332. [Cases: Copyrights and Intellectual Property C~101.] -Abbr. c. -copyright, vb. -copyrighted, adj.
The right of literary property as recognized and sanctioned by positive law. A right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. In re Rider, 16 R. I. 271, 15 Atl. 72; Mott Iron Works v. Clow, 83 Fed. 316, 27 C. C. A. 250; Palmer v. De Witt, 47 N. Y. 536, 7 Am. Rep. 480; Keene v. Wheat- ley, 14 Fed. Cas. 1S5. An incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing his own original work, which the law allows an author. Wharton. Copyright is the exclusive right of the owner of an intellectual production to multiply and dispose of copies; the sole right to the copy, or to copy it. The word is used indifferently to signify the statutory and the common-law right; or one right is sometimes called “copyright” after publication, or statutory copyright; the other copyright before publication, or common-law copyright. The word is also used synonymously with “literary property;” thus, the exclusive right of the owner publicly to read or exhibit a work is often called “copyright” This is not strictly correct Drone, Copyr. 100. International copyright is the right of a subject of one country to protection against the republication in another country of a work which he originally published in his own country.
Copyright law (законобавторскомправе) Law the branch of the law that protects the owners of copyright from it being infringed upon or plagiarised. See infringement of copyright; violation of copyright.
Recoupment (ri-koop-m;lnt) (окупаемость/возмещение), n. (17c) 1. The recovery or regaining ofsomething, esp. expenses. 2. The withholding, for equitable reasons, of all or part of something that is due. See EQ1;ITABLE RECOUPMENT (1), (2). 3. Reduction ofa plaintiff's damages because of a demand by the defendant arising out of the same transaction. See EQUITABLE RECOUPMENT (3). Cf. SETOFF (2). [Cases: Set-off and Counterclaim (;;=;6.]4. The right ofa defendant to have the plaintiff's claim reduced or eliminated because of the plaintiffs breach of contract or duty in the same transaction. 5. An affirmative defense alleging such a breach. 6. Archaic. A counterclaim arising out of the same transaction or occurrence as the one on which the original action is based. -In modern practice, the recoupment has been replaced by the compulsory counterclaim. recoup, vb.
Cost (стоимость), n. (13c) 1. The amount paid or charged for something; price or expenditure. Cf. EXPENSE.
United States Code (кодекссоединенныхштатов) A multivolume published codification offederal statutory law. Abbr. U.S.c.; USc.
Page 13,14
Engineering (проектирование) Efforts to (1)translate operational needs into system performance, (2) incorporate physical and functional needs in order to get an optimal design and (3) integration of all factors in order to meet performance, cost and schedule objectives.
Page 17,18
Supreme court (верховныйсуд) (17c) 1. (cap.) SUPREME COURT OF THE UNITED STATES. 2. An appellate court existing in most states, usu. as the court oflast resort. [Cases: Courts (>91(1).] 3. In New York, a court of general jurisdiction with trial and appellate divisions.• The Court of Appeals is the court oflast resort in New York. 4. SCPREME COURT OF JUDICATURE. Abbr. S.c.; S.Ct.; Sup. Ct.
Supreme Court of Appeals (верховныйапелляционныйсуд)The highest court in West Virginia. [Cases: Courts (::::>252.]
collateral (гарантия/обеспечение) (ka-Iat-3r-dl), adj. 1. Supplementary; accompanying, but secondary and subordinate to <whether the accident victim was wearing a seat belt is a collateral issue>. 2. Not direct in line, but on a parallel or diverging line of descent; of or relating to persons who are related by blood but are neither ancestors nor descendants <an uncle is in a collateral, not a direct, line>. Cf. LINEAL.-collaterality (ka-lat-ar-al-d-tee), n.
collateral (ka-Iat-3r-al), n. (17c) 1. A person collaterally related to a decedent. [Cases: Descent and Distribution C-.··37; Wills 2. Property that is pledged as security against a. the property subject to a security interest or agricultural lien. See UCC § 9-102(a) (12). -Also termed (in sense 2) collateral security. [Cases: Secured Transactions 115.]
substantiate (подтвердить), vb. (I7c) To establish the existence or truth of (a fact, etc.), esp. by competent evidence; to verify.
Page 19,20
acceptance (принять), n. (16c) 1. An offeree's assent, either by express act or by implication from conduct, to the terms ofan offer in a manner authorized or requested by the offeror, so that a binding contract is formed.• If an acceptance modifies the terms or adds new ones, it generally operates as a counteroffer. Cf. OFFER. [Cases: Contracts (::=>22(1).]
employer (работодатель), (16c) A person who controls and directs a worker under an express or implied contract of hire and who pays the worker's salary or C [PRINCIPAl. (1). [Cases: Labor and Employment]
employee (1822) (работник), A person who works in the service of another person (the employer) under an express or implied contract ofhire, under which the employer has the right to control the details of work performance. Also spelled employe.Cf. AGENT (1); INDEPENDENT CONTRACTOR. [Cases: Labor and Employment. It is a person who is paid to work for an organization or for another person.
right, n (bef. 12c) 1. that which is proper under law, morality, or ethics <know right from wrong>. 2. Something that is due to a person by just claim, legal guarantee, or moral principle <the right of liberty>. 3. A power, privilege, or immunity secured to a person by law <the right to dispose of one's estate>. 4. A legally enforceable claim that another will do or will not do a given act; a recognized and protected interest the violation ofwhich is a wrong <a breach of duty that infringes one's right>. 5. (often pl.) The interest, claim, or ownership that one has in tangible or intangible property <a debtor's rights in collateral><publishing rights>. 6. The privilege of corporate shareholders to purchase newly issued securities in amounts proportionate to their holdings. 7. The negotiable certificate granting such a privilege to a corporate shareholder.
Cite (цитировать) vb. (I5c) 1. To summon before a court oflaw<the witness was cited for contempt>. 2. To refer to or adduce as precedent or authority <counsel then cited the appropriate statutory provision>. 3. To commend or honor <the soldier was cited for bravery>.
Page 19,20
employee (1822) (работник), A person who works in the service of another person (the employer) under an express or implied contract ofhire, under which the employer has the right to control the details of work performance. Also spelled employe.Cf. AGENT (1); INDEPENDENT CONTRACTOR. [Cases: Labor and Employment. It is a person who is paid to work for an organization or for another person.
Labor (труд), n. 1. Work ofany type, including mental exertion.
code. (ISc) (код)1. A complete system of positive law, carefully arranged and officially promulgated; a systematic collection or revision oflaws, rules, or regulations<the Uniform Commercial Code>.• Strictly, a code is a compilation not just of existing statutes, but also of much of the unwritten law on a subject, which is newly enacted as a complete system of law. - Also termed consolidated laws. See CODIFICATION.
a labor code (трудовойкодекс), (also called a code of labor laws) is a codification of labor laws in legislative form.
employment (трудоустройство). (15c) 1.The relationship between master and servant.See MASTER AND SERVANT. 2. The act of employing. 3. The state of being employed. 4. Work for which one has been hired and is being paid by an employer.
ownership (правособственности) (16c) The bundle of rights allowing one to use, manage, and enjoy property, including the right to convey it to others.• Ownership implies the right to possess a thing, regardless ofany actual or constructive control. Ownership rights are general, permanent, and heritable. Cf. POSSESSION; TITLE (1). [Cases: Property 11.].
journal (научныйжурнал) (ISc) 1. A book or record kept, usu. daily, as of the proceedings ofa legislature or the events ofa ship's voyage. - Also termed log; logbook. See MINUTES (2). 2. Accounting. In double-entry bookkeeping, a book in which original entries are recorded before being transferred to a ledger. 3. A periodical or magazine, esp. onepublished for a scholarly or professional group. - Abbr. J.
Page 21,22
competition (конкуренция) (16c) The struggle for commercial advantage; the effort or action of two or more commercial interests to obtain the same business from third parties.
fair competition (честнаяконкуренция) (17c) Open, equitable, and just competition between business competitors.
case (дело) (13c) 1. A civil or criminal proceeding, action, suit, or controversy at law or in equity.
court (суд), n. (12c) 1. A governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice <a question oflaw for the court todecide>."A court... is a permanently organized body, with independent judicial powers defined by law, meeting at a timeand place fixed by law for the judicial public administration ofjustice." 1 Williamj.Hughes, Federal Practice, Jurisdiction & Procedure § 7, at 8 (1931).2. "The judge or judges who sit on such a governmental body <the court asked the parties to approach thebench>. 3. A legislative assembly <in Massachusetts, the General Court is the legislature>. 4. The locale for a legal proceeding <an out-of-court statement>. 5. The building where the judge or judges convene to adjudicate disputes and administer justice <the lawyers agreedto meet at the court at 8:00 a.m.>. - Also termed (in sense 5) courthouse.
Benefit (прибыль/выгода), n. (14c) 1.Advantage; privilege <the benefit of owning a car>. 2. Profit or gain; esp., the consideration that moves to the promise <a benefit received from the sale>. Also termed legal benefit; legal value. Cf. DETRIMENT (2)
value (цена), n. (14c) 1. The significance, desirability, or utilityof something.2. The monetary worth or price of something; the amount of goods, services, or money that something commands in an exchange.
Page 23,24
justification (подтверждение), n. (l4c) 1. A lawful or sufficient reason for one's acts or omissions; any fact that prevents an act from being wrongful. 2. A showing, in court, ofa sufficient reason why a defendant acted in a way that, in theabsence ofthe reason, would constitute the offense with which the defendant is charged.• Under the ModelPenal Code, the defendant must show that the harmor evil that resulted from taking the action was less than the harm or evil that the law creating the offense charged was seeking to prevent. Model Penal Code § 3.02. Also termed justification defense; necessity defense. See lesser-evils defense under DEFENSE (1). [Cases: Criminal Law C:::::> 38.] 3. A surety's proof of having enough money or credit to provide security for the party for whom it is required. - justify, vb. justificatory (jas-ti-fi-k<l-tor-ee), adj."'A little bit of history: the term 'justification' was formerly used for cases where the aim of the law was not frustrated, while 'excuse' was used for cases where It was not thought proper to punish. Killing a dangerous criminal who had tried to avoid arrest was justified, since the law (if one may personify) wished this to happen, whereas killing in selfdefence was merely excused. The distinction was importantbecause justification was adefence to the criminal charge while an excuse was not, being merely the occasion for a royal pardon. By the end of the middle ages (it is difficult to assign a fixed date) even excuses were recognised by the courts, since when there has been no reason to distinguish between justification and excuse." Glanville Williams, Textbook ofCriminal Law 39 (1978).
bundle (пучок), vb. To sell related products or services in one transaction at an all-inclusive price.
bundle of rights (пакетправ/пучокправсобственности) The “bundle of rights” is the common term in the United States for the collection of legal rights that are granted to a property owner upon purchase of (and receipt of a title to) a piece of real estate. These property rights include possession, control, exclusion, derivation of income, and disposition.
Page 25,26
rightful (правовой), adj. 1. (Of an action) equitable; fair <a rightful dispossession>. 2. (Of a person) legitimately entitled to a position <a rightful heir>. 3. (Of an office or piece of property) that one is entitled to <her rightful inheritance>.
right (право) an abstract idea of that which is due to a person or governmental body by law or tradition or nature.
information (информация) (15c) A formal criminal charge made by a prosecutor without a grand-jury indictment. See Fed. R. Crim. P. 7.• The information is used to prosecute misdemeanors in most states, and about half the states allow its use in felony prosecutions as well. – Also termed bill ofinformation. Cf. INDICTMENT. [Cases: Indictment and Information].
Page 27,28
copyright, n. (авторскоеправо) (ISc) 1. The right to copy; specifically, a property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. [Cases: Copyrights and Intellectual PropertyG=I.] 2. The body of law relating to such works. Copyright law is governed by the Copyright Act of 1976. 17 USCA §§ 101-1332. [Cases: Copyrights and Intellectual Property C~101.] - Abbr. c. - copyright, vb. - copyrighted, adj. "[C)opyright is a monopoly of limited duration, created and wholly regulated by the legislature; and... an author has, therefore, no other title to his published works than that given by statute." Ethan S. Drone, A Treatise on the Law of Property in Intellectual Productions 2 (1879). "The development of copyright law in England was shaped by the efforts of mercantile interests to obtain monopoly control of the publishing industry similar to those of the guilds that were instrumental in shaping patent and trademark law.... American copyright law came to distinguish between the 'common law' right of an author to his unpublished creations, and the statutory copyright that might be secured upon publication. Until recently, therefore, an author had perpetual rights to his creation, which included the right to decide when, if, and how to publish the work, but that common law right terminated upon publication at which time statutory rights become the sole rights, if any, to which the author was entitled. This distinction was altered by the Copyright Act of 1976, which shifts the line of demarcation between common law and statutory copyright from the moment of publication to the moment of fixation of the work into tangible form."Arthur R. Miller & Michael H. DaviS, Intellectual Property in a Nutshell 280-82 (2d ed. 1990). "What is copyright? From copyright law's beginnings dose to three centuries ago, the term has meant just what it says: the right to make copies of a given work at first it meant simply written work - and to stop others from making copies without one's permission." Paul Goldstein, Copyright's Highway 3 (1994). "Before the 1976 Copyright Act swept virtually all copyrightable subject matter within the exclusive domain of federal protection, the term 'copyright' implied a statutory right created by Congress in order to 'Promote the Progress of Science.' Our first copyright act, in 1790, protected only maps, charts, and books. Protection gradually was extended to musical compositions and graphic works. In the middle of the nineteenth century, photography was developed and then protected, followed at the end of the century by motion pictures (although they were protected as photographs). As the twentieth century comes to a close, digital technology and multimedia forms of authorship serioously challenge the gradual, compartmentalized approach to granting new rights and new subject matter...." 1 William F. Patry, Copyright Law and Practice 1 (1994).
market (рынок), n. (bef. 12c) 1. A place of commercial activity in which goods or services are bought and sold <the farmers' market>. - Also termed mart. 2. A geographic area or demographic segment considered as a place ofdemand for particular goods or services; esp. prospective purchasers ofgoods, wherever they are <the foreign market for microchips>. 3. Hist. The privilege of having a public market. 4. The opportunity for buying and selling goods or services; the extent of economic demand <a strong job market for accountants>. 5. A securities or commodities exchange <the stock market dosed early because ofthe blizzard>. [Cases: Exchanges C:::;; 1-10.10.] 6. The business of such an exchange; the enterprise of buying and selling securities or commodities <the stock market is approaching an all-time high>. [Cases: Exchanges (;::> 1-13.10.] 7. The price at which the buyer and seller ofa security or commodity agree <the market for wheat is $8 per bushel>. [Cases: Exchanges (;::> 13.].
Page 29,30
tax (налог), n. (14c) A charge, usu. monetary, imposed by the government on persons, entities, transactions, or property to yield public revenue. - Most broadly, the term embraces all governmental impositions on the person, property, privileges, occupations, and enjoyment of the people, and includes duties, imposts, and excises. Although a tax is often thought of as being pecuniary in nature, it is not necessarily payable in money. [Cases: Internal Revenue (;:::::-3001; Taxation (;::::)2001.)- tax, vb. ''Taxes are the enforced proportional contributions from persons and property, levied by the state by virtue of its sovereignty for the support of government and for all public needs. This definition of taxes, often referred to as 'Cooley's definition,' has been quoted and indorsed, or approved, expressly or otherwise, by many different courts. While this definition of taxes characterizes them as 'contributions: other definitions refer to them as 'imposts,' 'duty or impost,' 'charges,' 'burdens,' or 'exactions'; but these variations in phraseology are of no practical importance:' 1 Thomas M. Cooley, The Law of Taxation § 1, at 61-63 (Clark A. Nichols ed., 4th ed. 1924).
rule (право) An evidentiary and procedural rule by which all witnesses are excluded from the courtroom while another witness is testifying <invoking "the rule">.• The phrase "the rule" is used chiefly in the American South and Southwest, but it is a common practice to exclude witnesses before they testify. [Cases: Criminal Law C=>665; Federal Civil Procedure C=>2012; Trial C=>41.].
Page 31,32
Coase theorem (теоремаКоуза) (kohs). (1968) A proposition in economics describing the relationship between legal rules and economic efficiency. - The theorem, innovated by Ronald Coase, holds that if there are no transaction costs - such as the costs of bargaining or acquiring information then any legal rule will produce an efficient result. Coase's seminal article was The Problem of Social Cost, 3 J. Law & Econ. 1 (1960). "Nothing is more central to the study of law and economics nor more responsible for its growth than the Coase Theorem. What the Coase Theorem says, in effect, is that in many instances, the assignment of rights by courts or legal authorities may have little to do with who eventually possesses those rights. In the words of Mark Kelman, 'the market, like an untameable river, will knock out attempts to alter its mighty course.'" Jeffrey L. Harrison, Law andEconomies in a Nutshell 56 (1995).
utility (полезность) (14c) 1.1he quality ofserving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result for which the patent applicant or holder claims protection as intellectual property.• In patent law, utility is one ofthe three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for patent infringement, utility is the benefit or advantage of the patented product or process over the products or processes, if any, that previously had been used to produce similar results. [Cases: Patents C=47.] "[Tlhe utility requirement does not mandate that the inven· tion be superior to existing products and processes in order to qualify for a patent. The utility standard reflects the judgment that society is better served by access to a library of issued patents describing as many inventions as possible, even if many of them do not achieve better results than public domain technology. This liberal view of utility allows subsequent inventors access to a greater variety of previous technologies, some of which may yet be judged the superior solution when employed within a different context." Roger E. Schechter & John R. Thomas, Intellectual Property § 15.1, at 316 (2003). 3. A business enterprise that performs an essential public service and that is subject to governmental regulation.
Page 33,34
position (положение) The extent of a person's investment in a particular security or market.
bargain (сделка), n. (14c) An agreement between parties for the exchange of promises or performances.• A bargain is not necessarily a contract because the consideration may be insufficient or the transaction may be illegal. See BARGAIN SALE; informal contract under CONTRACT. [Cases: Contracts (::::::>l.J bargain, vb. "A bargain is an agreement of two or more persons to exchange promises, or to exchange a promise for a performance. Thus defined, 'bargain' is at once narrower than 'agreement' in that it is not applicable to all agreements, and broader than 'contract' since it includes a promise given in exchange for insufficient consideration. It also covers transactions which the law refuses to recognize as contracts because of illegality." Samuel Williston, A Treatise on the Law of Contracts § 2A, at 7 (Walter H.E. Jaeger ed., 3d ed. 1957).
bargain and sale (сделка и продажа) (16c) 1. A negotiated transaction, usu. for goods, services, or real property. 2. Hist. A written agreement for the sale ofland whereby the buyer would give valuable consideration (recited in the agreement) without having to enter the land and perform livery of seisin, so that the parties equitably "raised a use" in the buyer. • The result of the transaction was to leave the leg'al estate in fee simple in the seller and to create an equitable estate in fee simple in the buyer until legal title was transferred to the buyer by delivery of a deed. In most jurisdictions, the bargain and sale has been replaced by the statutory deed of grant. [Cases: Deeds ~22.].
assumption (допущение), n. (l3c) 1. A fact or statement taken as true or correct; a supposition. 2. The act of taking (esp. someone else's debt or other obligation) for or on oneself; the agreement to so take. - assume, vb.
Page 37,38
commerce (коммерция) (16c) The exchange of goods and services, esp. on a large scale involving transportation between cities, states, and nations.
standard (стандарт), n. (I5c) 1. A model accepted as correct by custom, consent, or authority. 2. A criterionformeasuringacceptability, quality, oraccuracy.standard, adj
industry (производство) (15c) 1. Diligence in the performance ofa task. 2. Systematic labor for some useful purpose; esp., work in manufacturing or production. 3. A particular form or branch of productive labor; an aggregate of enterprises employing similar production and marketing facilities to produce items having markedly similar characteristics.
Page 39,40
margin (прибыль), n. (14c) 1. A boundary or edge. 2. A measure or degree of difference. 3. PROFIT MARGIN. 4. The difference between a loan's face value and the market value of the collateral that secures the loan. 5. Cash or collateral required to be paid to a securities broker by an investor to protect the broker against losses from securities bought on credit. [Cases: Securities Regulation ~45.1O, 45.11.16.1he amount of an investor's equity in securities bought on credit through the broker. margin, vb. - marginal, margined, adj.
disclosure (раскрытие), n. (16c) 1. The act or process of making known something that was previously unknown; a revelation of facts. See DISCOVERY.
force(сила, принуждение), n. (14c) Power, violence, or pressure directed against a person or thing.
force (принуждать), vb. (14c) To compel by physical means or by legal requirement.
incentive (стимул) Intellectual property. The proposition that society grants creators exclusive rights to their intellectual property in order to stimulate further creativity. - The Patent and Copyright Clause ofthe U.S. Constitution declares that the purpose of exclusiveright protection is "to Promote the Progress ofScience and useful Arts." U.S. Const. art.1, § 8, cl. 8.
Page 41,42
liability (обязательство), n. (18c) 1. The quality or state of being legally obligated or accountable; legal responsibility to another or to society, enforceable by civil remedy or criminal punishment. - Also termed legal liability; subjection. Cf. FAULT. 2. (often pl.) A financial or pecuniary obligation; DEBT. "The term 'liability' is one of at least double signification. In one sense it is the synonym of duty, the correlative of right; in this sense it is the opposite of privilege or liberty. If a duty rests upon a party, society is now commanding performance by him and threatening penalties. In a second sense, the term 'liability' is the correlative of power and the opposite of immunity. In this case society is not yet commanding performance, but it will so command if the possessor of the power does some operative act. If one has a power, the other has a liability. It would be wise to adopt the second sense exclusively. Accurate legal thinking is difficult when the fundamental terms have shifting senses." William R. Anson, Principles ofthe Law ofContract 9 (Arthur L. Corbin ed.• 3d Am. ed. 1919). "Liability or responsibility is the bond of necessity that exists between the wrongdoer and the remedy of the wrong. This vinculum juris is not one of mere duty or obligation; it pertains not to the sphere of ought but to that of must." John Salmond, Jurisprudence 364 (Glanville L. Williamsed., 10th ed. 1947).
transaction (сделка, трансакция), n. (17c) 1. The act or an instance of conducting business or other dealings; esp., the formation, performance, or discharge of a contract. 2. Something performed or carried out; a business agreement or exchange. 3. Any activity involving two or more persons. 4. Civil law. An agreement that is intended by the parties to prevent or end a dispute and in which they make reciprocal concessions.La. Civ. Codeart. 3071. transactional, adj.
Page 41,42
gain (прирост/прибыль), n. (14c) 1. An increase in amount, degree, or value.
abscond (ab-skond) (скрываться), vb. (16c) 1. To depart secretly or suddenly, esp. to avoid arrest, prosecution, or service of process. 2. To leave a place, usu. hurriedly, withanother's money or property. - abscondence (ab-skond"nts), n. - absconder, n.
Page 44,45
maintain (поддерживать/сохранять), vb. (14c) 1. To continue (something). 2. To continue in possession of (property, etc.). 3. To assert (a position or opinion); to uphold (a position or opinion) in argument. 4. To care for (property) for purposes of operational productivity or appearance; to engage in general repair and upkeep. 5. To support (someone) financially; esp. to pay alimony to. [Cases: Divorce ~ 231-247; Husband and Wife ~282-301.16. (Of a third party to a lawsuit) to assist a litigant in prosecuting or defending a lawsuit; to meddle in someone else's litigation. [Cases: ChampertyandMaintenance].
Page 46,47
In terrorem effect/clause (ограничительнаяоговорка)an in terroremeffect is an effect in a will which asserts that if a devisee challenges the will, the devisee will not receive her devise. In effect, the in terroremeffect creates a conditional devise, given only if the will is not challenged. Often the purpose of the in terroremeffect is to stop any potential contestants of the will by offering them payment in the form of a devise. In many states this type of effect is not enforceable if there is probable effect to challenge the will.
Page 48,49
insurance (страхование) (17c) 1. A contract by which one party (the insurer) undertakes to indemnify another party (the insured) against risk ofloss, damage, or liability arising from the occurrence of some specified contingency, and usu. to defend the insured or to pay for a defense regardless of whether the insured is ultimately found liable.• An insured party usu. pays a premium to the insurer in exchange for the insurer's assumption ofthe insured's risk. Although indemnification provisions are most common in insurance policies, parties to any type of contract may agree on indemnification arrangements. [Cases: Insurance (::::e 1001.] 2. The amount for which someone or something is covered by such an agreement. - insure, vb. "Insurance, or as it is sometimes called, assurance, is a contract by which one party, for a conSideration, which is usually paid in money either in one sum or at different times during the continuance of the risk, promises to make a certain payment of money upon the destruction or injury of something in which the other party has an interest. In fire insurance and in marine insurance the thing insured is property; in life or accident insurance it is the life or health of the person." 1 George J. Couch, CouchonInsurance § 1.2, at 4-5 (2d ed. 1984).
victim (жертва), n. (I5c) A person harmed by a crime, tort, or other wrong. - victimize, vb. victimization, n.
potential(потенциальный/возможный), adj. Capable of coming into being; possible <things having a potential existence may be the subject of mortgage, assignment, or sale>.
Page 50,51
accrue (a-kroo) (нарастать), vb. (ISc) 1. To come into existence as an enforceable claim or right; to arise <the plaintiff's cause of action for silicosis did not accrue until the plaintiff knew or had reason to know ofthe disease>. [Cases: Action Limitation ofActions ~43-64.J 'The term 'accrue' in the context of a cause of action means to arrive, to commence, to come into existence, or to become a present enforceable demand or right. The time of accrual of a cause of action is a question of fact." 2 Ann Taylor Schwing, California Affirmative Defenses § 25:3, at 17-18 (2d ed. 1996). 2. To accumulate periodically <the savings-account interest accrues monthly>. - accrual, n.
prerequisite (предпосылка) a thing that is required as a prior condition for something else to happen or exist.
misappropriation (незаконное присвоение) the action of misappropriating something; embezzlement, n. (I8c) 1. The application of another's property or money dishonestly to one's own use. See EMBEZZLEMENT. Cf. APPROPRIATION; EXPROPRIATIO:-l (1). 2. Intellectual property. The common~law tort ofusing the noncopyrightable information or ideas that an organization collects and disseminates for a profit to compete unfairly against that organization, or copying a work whose creator has not yet claimed or been granted exclusive rights in the work. Int'l News Servo V. Associated Press, 248 U.S. 215, 29 S.Ct. 68 (1918). • The elements ofmisappropriation are: (1) the plaintiff must have invested time, money, or effort to extract the information, (2) the defendant must have taken the information with no similar investment, and (3) the plaintiff must have suffered a competitive injury because ofthe taking. [Cases: Copyrights and Intel~ lectual Property C:::> 108.] 3. The doctrine giving rise to such a tort claim. misappropriate, vb. 'The doctrine of 'misappropriation,' which is a distinct branch of unfair competition,... has been applied to a variety of situations in which the courts have sensed that one party was dealing 'unfairly' with another, but which were not covered by the three established statutory systems protecting intellectual property: copyright, patent, and trademark/deception as to origin." U.S. CoifAss'n v. St. Andrews Systems, Data-Max, inc. 749 F.2d 1028, 1034-35 (3d Cir. 1984) (Becker, J.)
Page 52,53
judgment (суждение/приговор) (13c) 1. A court's final determination of the rights and obligations of the parties in a case.• The term judgment includes an equitable decree and any order from which an appeal lies. Fed. R. Civ. P. 54. Also spelled (esp. in BrE) judgement. - Abbr. 1. - Also termed (historically) judgment ex cathedra. Cf. RULING (1); OPINION (1). [Cases: Federal Civil Procedure 2391-2628; Judgment C=o1.] 2. English law. An opinion delivered by a member of the appellate committee of the House of Lords; a Law Lord's judicial opinion. Also termed (in sense 2) speech. "An action is instituted for the enforcement of a right or the redress of an injury. Hence ajudgment, as the culmination of the action declares the existence of the right, recognizes the commission of the injury, or negatives the allegation of one or the other. But as no right can exist without a correlative duty.nor any invasion of it without a corresponding obligation to make amends, the judgment necessarily affirms, or else denies, that such a duty or such a liability rests upon the person against whom the aid of the law is invoked." 1 Henry Campbell Black, A Treatise on the Law ofJudgments § 1, at 2 (2d ed. 1902).
reverse engineering (обратное проектирование) the reproduction of another manufacturer's product following detailed examination of its construction or composition.
Page 54,55
determination (решение), n. (14c) 1. A final decision by a court or administrative agency <the court's determination of the issue>. [Cases: Administrative Law and Procedure (;::::J489; Federal Civil Procedure c,.?928.].
determine (определять/устанавливать) 1. cause (something) to occur in a particular way or to have a particular nature.2.ascertain or establish exactly by research or calculation.
Ascertainable (установленный) capable of being ascertained or found out.
Page 56,57