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Chapter 7 • Legal Aspects of Business



                           Copyrights are regulated by the federal Copyright Office. Like a patent, a
                        copyright is a special type of monopoly granted to authors, publishers, and other  facts
                        creators of original works. An example of a copyright notice appears on the back  &
                        of the title page in the front of this book.
                                                                                                                figures

                        TRADEMARKS
                        Trademarks are like patents because they are special types of monopolies. A  Trademark rights may continue
                        trademark is a distinguishing name, symbol, or special mark placed on a good  indefinitely, as long as the mark
                        or service that is legally reserved for the sole use of the owner. Many nationally  is neither abandoned by the
                        known products have trademarks that most people recognize. Some trademarks  trademark owner nor loses its
                        are symbols, such as the Nike “swoosh” or the McDonald’s “golden arches.”  significance in the marketplace
                        Others are company or product names, such as the Sony “Walkman” or Nin-  as a trademark by becoming
                        tendo’s “Game Boy.” Trademarks, like patents, are regulated by the Patent and  a generic term. For example,
                        Trademark Office.                                                        the generic terms escalator,
                                                                                                 linoleum, and zipper were
                                                                                                 once trademarks.
                                     CHECKPOINT
                                     Describe the three areas of intellectual property protection.







                        Regulations Protecting the Public


                        The federal government protects the legal rights of not only those who create new
                        products and ideas but also those who consume goods and services. Two major
                        goals of legislation are to ensure safe products for consumers and to prevent the
                        misuse of information.


                        FOOD AND DRUGS
                        Products related to the human body are closely regulated. The Food and Drug
                        Administration (FDA) administers the Federal Food, Drug, and Cosmetic Act
                        and related laws. These laws prohibit the sale of impure, improperly labeled,
                        falsely guaranteed, and unhealthful foods, drugs, and cosmetics. Producers
                        of cosmetics, for example, must show that their products will not harm users.
                        Should a product cause harm, the FDA may require the producer to stop its
                        sale or to notify the public of its possible danger.

                        NONFOOD PRODUCTS

                        Legislative activity dealing with the safety of nonfood products has increased in
                        recent years. Laws now require labels on many products if possible danger exists
                        from product use. A health warning message, for example, must appear on ciga-
                        rette packages. The FTC forbids the sale of tobacco and smokeless tobacco to
                        those under 18 because research shows that the majority of those who smoke
                        when young die prematurely of smoking-related diseases. Also, auto and high-
                        way safety laws exist to reduce death and injury.
                           The Consumer Product Safety Act sets safety standards on many items. When
                        products already sold are found to have a dangerous defect, businesses are legally
                        required to recall, repair, or stop selling the products. Dangerous toys, for example,



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