Copyrights in Medical Device Technology
摘要
CopyrightsCopyright protect original works of authorshipAuthorship fixed in a tangible mediumTangible medium of expressionExpression. Copyrighted works include literary, dramatic, and musical compositions, movies, pictures, paintings, sculptures, computer programs, etc. CopyrightCopyright protects the expressionExpression of an idea, but not the idea itself. CopyrightCopyright protection is created the moment that a work is fixed in a tangible mediumTangible medium. In effect, obtaining a copyrightCopyright is essentially “free” since registrationRegistration of the copyrightCopyright is not required, but it is highly recommended. RegistrationRegistration of a copyrightCopyright is a prerequisite to litigating a copyrightCopyright claim and is desirable to preserve the remedies for attorney’s fees and statutory damages. CopyrightCopyright protection is often used by medical device companies to protect a number of important works, such as software code associated with a medical device, user manuals, operating protocols, and marketing materials.