Contracts for Engineers —— Intellectual Property, Standards, and Ethics

----- 工程师合同：知识产权，标准和伦理

ISBN: 9781439852866 出版年：2017 页码：350 Hunter, Robert D CRC Press

Common Law Contracts Definition of Common Law Contract Statute of Frauds Parties (Natural Persons) Parties (Artificial Persons) Classification of Contracts Purposes (Subject Matter) of Contract Consideration Promissory Estoppel Valid, Void, Voidable, and Unenforceable Contracts Contract Formation Process (Offer and Acceptance) Offer Acceptance Time of Contract Creation More Complex Negotiated Contracts Incomplete Agreements Integrated Agreements Mistakes, Mutual Mistakes, Fraud, and Duress Compact Summary of Case: Austin Instrument v. Loral Corp. Court of Appeals of New York, 1971 (Based on Published Decision) Standardized Agreements as Integrated Agreements Contents of the Resulting Contract Performance Unconscionable Clauses and Contracts Breach of Contract Contracting on the Web Electronic Signatures in Global and National Commerce (ESIGN) Summary Additional Reading Sales Contracts under the Uniform Commercial Code Introduction UCC Distinguishes between Agreement and Contract Statute of Frauds under the UCC Parties to UCC Contracts Firm Offers and Acceptance Incomplete Agreements Integrated Agreements Interpretation of Integrated Agreements, including Duress (Coercion) Performance Substantial Performance and Excused Performance Unconscionable Contract or Clause Breach of Contract and Remedies for Breach Contracting on the Web Compact Summary of Case: ProCD, Inc. v. Zeidenberg, United States Court of Appeals, Seventh Circuit, 1986 United Nations Convention on Contracts for the International Sale of Goods (CISG) Summary References Contracts of Special Interest to Engineers Introduction Employment Agreements Private Sector Construction Contracts Federal Government Contracts Compact Summary of Case: Bonneville Associates, Limited Partnership, et al., Petitioners v. David J. Barram, Administrator, General Services Administration-On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit (No. 98-1688 in the Supreme Court of the United States) Intellectual Property: Emphasis on Patents Introduction Patent as Contract Patent as a Grant Organization and Functions of the U.S. Patent and Trademark Office (PTO) Utility Patents Modern Development of Patent Law Patent Reform Origin of the Court of Appeals for the Federal Circuit Patenting of Life Forms Computer Programs and Business Methods Infringement Shop Right Anatomy of a U.S. Utility Patent Plant Patents Design Patents Compact Summary of Case: Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964) Patent Clauses in Government Contracts Business Reasons for Applying for a Patent References Additional Reading Patent Processes Introduction Starting the Process Making the Decisions to File and How to File Prosecution of Application as Contract Negotiation Provisional Application for Patent Divisional Applications Final Rejection Continuation or Continuation-in-Part Applications Abandonment, Voluntary and Involuntary Issue of Patent and Possible Extension of Term Reexamination of Patents Promotion and Exploitation of a Patent Sale of a Patent Licensing of a Patent Licensing in Patent Pools Alternative Dispute Resolution (ADR) Litigation References Copyright Introduction Copyright as Contract Compact Summary of Case: Eric Eldred et al., Petitioners v. John D. Ashcroft, Attorney General (No. 01-618). Argued October 9, 2002 decided January 15, 2000 Survey of Copyright Law in Title 17 U.S.C Additional Notes on Copyright and Computer Programs Collected Algorithms from ACM (Association for Computing Machinery) Survey of Noncopyright Law in Title 17 Federal Acquisition Regulation (FAR) Subpart 27.4-Rights in Data and Copyrights Trade Secrets Introduction Basic Legal Requirements Contractual Nature of Trade Secrets Historical Overview Uniform Trade Secrets Act A Departing Employee Action Economic Espionage Act Public Disclosures of Trade Secrets Disclosure by Publication, Other Media, or Speeches, etc. Reverse Engineering Policy and Management Issues in Trade Secrets Options for Selecting Trade Secret versus Other Forms of IP Protection Use and Abuse of Nondisclosure Agreements (NDAs) Compact Summary of Case: Smith v. Dravo Corp., No. 10683, United States Court of Appeals Seventh Circuit, April 10, 1953 References Trademarks Introduction Definitions of the Marks (15 U.S.C. 1127) Selection and Use of Mark Registration and Use of Marks Confusing Similarity Examination of Marks in the PTO Infringement of Mark Maintenance and Policing of Marks Secondary Meaning and Trade Dress Compact Summary of Case: Two Pesos, Inc. v. Taco Cabana, Inc., Supreme Court of the United States, 505 U.S. 763 (1992) Cybersquatting on Internet Domain Names Foreign Country Trademarks Practical Trademark Issues in the European Union Standards, Codes, and Regulations Introduction Aims of Standards Types of Standards Quality of Standards International Standards Regional Standards National Standards Company Standards Typical Format of a Standard Access to Standards Codes Regulations Standards Bodies and Their Products Introduction Overview of International Standards Bodies Apex International Standards Bodies (ISO, IEC, ITU) Regional Standards Bodies Council for Harmonization of Electrotechnical Standards of the Nations of the Americas (CANENA) National Standards Bodies Traditional Standards Developing Organizations (SDOs) Consortia Standards Bodies Summary References Development of Standards, Codes, and Regulations Introduction Development of Standards by Conventional Bodies (SDOs) Compact Summary of Case: Allied Tube and Conduit Corp. v. Indian Head, Inc. Due Process in Standard Setting ISO/IEC Standards Development Rules Standards Process in the International Telecommunications Union (ITU) Common Patent Policy for ISO/IEC/ITU Consortia Methods of Standard Setting Development of Codes Development of Federal Regulations in the United States Development of Regional Regulations in the European Union (EU) Conformity Assessment Introduction Conformity Assessment Technology and Skills Private Sector Conformity Assessment Bodies in the United States Compact Summary of Case: American Society of Mechanical Engineers v. Hydrolevel, Inc. 456 U.S. 556 (1982) Federal Conformity Assessment in the United States Conformity Assessment in International Trade Regional Approaches to Conformity Assessment References Accreditation Introduction Federal Accreditation Systems in the United States Nationally Recognized Testing Laboratory (NRTL) Program National Voluntary Laboratory Accreditation Program (NVLAP) National Voluntary Conformity Assessment Systems Evaluation (NVCASE) Private Accreditation Bodies in the United States ANSI and the ANSI-ASQ National Accreditation Board (ANAB) American Association for Laboratory Accreditation (A2LA) International Accreditation Bodies Regional Accreditation Bodies References Ethics for Individual Engineers Introduction IEEE Code of Ethics National Society of Professional Engineers: Code of Ethics for Engineers Texas Engineering Practice Act and Rules (Effective June 13, 2010) Subchapter C: Professional Conduct and Rules Compact Summary of Case: Expert Witness Appears in Court of Another Jurisdiction Standards Engineering Society (SES) Code of Ethics Underwriters Laboratories (UL) Code of Ethics for UL Standards Technical Panel (STP) Members Institute of Electrical and Electronics Engineers (IEEE) and Association for Computing Machinery (ACM) Software Engineering Code of Ethics and Professional Practice Principles Applications of the IEEE/ACM Code of Ethics and Professional Practice References Other Resources on Ethics Ethics for Organizations Introduction The Foreign Corrupt Practices Act of 1977 (as Amended) Compact Summary of Case: Kirkpatrick Co. v. Environmental Tectonics Corp., 493 U.S. 400 (1990), Certiorari to the United States Court of Appeals for the Third Circuit No. 87-2066 ENRON BP/Deepwater Horizon Blowout in the Gulf of Mexico BP's Role in the Accident Transocean's Role Halliburton's Role Role of Cameron International Role of the Regulator: The Minerals Management Service (MMS) Summary of the Deepwater Horizon Accident Excerpts from the National Oil Spill Commission Report Organizational Ethics for Government Contractors References Additional Reading Appendix 1: United Nations Convention on Contracts for the International Sale of Goods Appendix 2: The Associated General Contractors of America (AGC of America) Summaries of American Council of Engineering Companies (ACEC) and the Engineering Joint Contracts Documents Committee (EJCDC) Standardized Contracts for Engineering Projects Appendix 3: Title 48, Code of Federal Regulations-Federal Acquisition Regulations System Appendix 4: Outline of the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Appendix 5: ACM Code of Ethics and Professional Conduct