intellectual property 1. main points 2 nature of intellectual property various forms of...
TRANSCRIPT
INTELLECTUAL PROPERTY
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Main points2
Nature of intellectual property Various forms of intellectual property
Copyright Trade mark Trade secret Patent
National and International law on patent and copyright
Software as a intellectual property Software patent Software copyright
Physical vs. intellectual property
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Physical property: Expensive to create and to reproduce
E.g. Houses, automobiles, diamonds
Intellectual property: may take alot of effort to create but ....easy to
reproduces at minimal cost books, music, art, writing, software ...
Intellectual property is intangible
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Intellectual property rights (IPR) Intellectual property rights (IPR) are legal
rights bestowed to an individual or a group that created, designed, or invented the activities or processes that led to the intellectual property in domains such as science and technology, business, industry, and the arts.
These legal rights, most commonly in the form of patents, trademarks, and copyright, protect the moral and economic rights of the creators, in addition to the creativity and dissemination of their work
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Intellectual property
Intellectual property:
any unique product of the human intellect that has commercial values
Books, songs, movies, paintings, inventions, chemical formulas and computer programms
Why protecting intellectual property6
Control of distribution and use of intellectual property
Income for owner
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Why protecting intellectual property
to provide computer technology products, services, and software requires a considerable investment both in time and money.
this work should reacive financial rewards for their efforts.
Such rewards create an atmosphere of creativity and competitiveness, which in turn creates jobs that drive
the economy. This creativity must therefore be protected, for if it
falters because of lack of protection, then the economy of the country falters along with it.
Various forms of intellectual property8
instruments of protection :
Copyright Patents Trade marks Trade secrets
Copy right9
Copyright designed to protect copyright owner on: Having certain rights on his original work
Originally applied to the written work
Last for the lifetime of owner+ 50 years for anything created after jan 1978
Copyright (cont.)
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Copyright protects the expression of an idea,
Not the idea itself
Covers the authors’s words describing the dark and stormy night on which occured the murder at the center of the mystery novel
Not cover the idea of making the events of a dark and stormy night central to a murder mystery
Copyright protection covers:11
Reproduction Distribution (e.g., posting to web pages)
Adaptation (using with modifications)
Display performance
Copyrights (continued)
Types of work that can be copyrighted Architecture Art Audiovisual works Drama Graphics Literature Motion pictures
Copyrights (continued)
Types of work that can be copyrighted Music Pantomimes Pictures Sculptures Sound recordings Software programs Other intellectual works
Each country has its own requirements for the issuance of a copyright
Copyrights (continued)
Digital Millennium Copyright Act (DMCA) Added new provisions to WIPO Civil and criminal penalties included Governs distribution of tools and software
that can be used for copyright infringement Opponents say it restricts the free flow of
information
Copyright and fair use16
What is the purpose and character of use? What is the nature of work being copied? How much of the copyrighted work is being used?
Whether copying is fair depends on: Purpose of use
commercial/ or nonprofit educational purpose Nature of copyrighted work Amount of material copied
The notion of fair use is poorly defined ...some challenges on cases in the court
Copyright and international law and agreements
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World Intellectual Property Organization (WIPO) Established in 1967 ....administer various
copyright laws 163 countries
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The Berne Convention requires its signatories to treat the copyright of works of authors from other signatory countries (known as members of the Berne Union) at least as well as those of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created
Copyright summary
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Copyright has two main purpose:
Protection of the author’s right to obtain commercial benefit from valuable work
Protection of author’s general right to control how a work is used
Patents20
Patents grant an inventor the right to exclude others from producing or using his or her discovery/invention for a limited period of time
A patent is intellectual property protection granted for any “device, substance, method or process” that is “new, inventive and useful”
The patent gives the owner the exclusive and legally enforceable right to commercially exploit that ‘invention ’ for the life of the patent, typically 20 20 years
The right to exclude others from: Making, using or selling
In return for this grant: description of the invention through public documentation
Patent (cont)
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Patenting does not encompass Literary or other artistic works Mathematical models Plans Schemas or other purely mental processes It may , however provide protection of
doing business New types of e-commerce, insurance, banking ,
etc.
Ethics in Information Technology, Second Edition
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Patents (continued)
An invention must pass four tests Must be in one of the five statutory classes of
items Must be useful Must be novel Must not be obvious to a person having ordinary
skill in the same field Items cannot be patented if they are
Abstract ideas Laws of nature Natural phenomena
Ethics in Information Technology, Second Edition
23
Patents (continued)
Patent infringement Someone makes unauthorized use of a
patent No specified limit to the monetary penalty
Software patent Feature, function, or process embodied in
instructions executed on a computer 20,000 software-related patents per year
have been issued since the early 1980s
Ethics in Information Technology, Second Edition
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Patents (continued)
Before obtaining a software patent, do a patent search
Software Patent Institute is building a database of information
Cross-licensing agreements Large software companies agree not to sue
others over patent infringements Small businesses have no choice but to
license patents
Patent Vs. copyright25
Incontrast to copyright, Patent protection is not automatic It is necessary to apply for a patent
Application being examined by official patent registry
Britain ....very long patent tradition....back to 15th century
Software protection27
Patenting of a data exchange standards forced another programming group to introduce an alternative format
GIF Vs. PNG Software patents are not the same as
software copyright Under international agreements, any software written is
automatically covered by copyright Prevent another entity from directly copying the source code
Patent statistics28
More than 7 million registered patent in US
Canadian patent office reviews approximately 30,00 requests every year
Apple files new patents http://
www.paymentscardsandmobile.com/apple-files-another-nfc-patent/
TradeMark
Trademark “®” or “™” Sth used to identify and
distinguish goods, whether or not unique, from those manufactured or sold by others
A service mark is similar but distinguishes services rather than tangible products
The mark can be a word, a symbol, a design or some combination of such elements.
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USPTO: united states patent and trademark office
Trademark (cont.)
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A trade mark is very valuable Shorthand for products Reliability and quality
Trade secrets31
Trade secret is a piece of information that provides An org with a competitive advantage over other
companies Formulae, plans, manufacturing process E.g formula of Coca Cola
Protects both ideas in product as well as product itself Applies to software with unique elements, procedures,
compilations A company sales figures may be atrade secret...as info is
valuable to competitors A non-disclosure agreement (NDA), used to protect a trade
secret When one of the parties isnot part of the company owning the
trade secret
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Trade secret
Ways to break trade secret? reverse engineering A company can buy a can of coca
Cula ......figure out the formula---make a drink with similar taste
Cant use for other form of ip, for example make a movie a trade secret??!!
Company profit by letting the movie to be seen
Ethics in Information Technology, Second Edition
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Trade Secret Laws
Uniform Trade Secrets Act (UTSA) established uniformity in trade secret law
Trade secret Business information Represents something of economic value Requires an effort or cost to develop Some degree of uniqueness or novelty Generally unknown to the public Kept confidential
Computer hardware and software can qualify for trade secret protection
Ethics in Information Technology, Second Edition
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Trade Secret Laws (continued) Information is only considered a trade
secret if the company takes steps to protect it
Greatest threat to loss of company trade secrets is employees
Nondisclosure clauses in employee’s contract Enforcement can be difficult Confidentiality issues are reviewed at the
exit interview
Ethics in Information Technology, Second Edition
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Trade Secret Laws (continued) Trade secret law has a few key advantages
over patents and copyrights No time limitations No need to file an application Patents can be ruled invalid by courts No filing or application fees
Law doesn’t prevent someone from using the same idea if it is developed independently
World Trade Organization (WTO) TRIPs Agreement provides for a minimum level
of protection for intellectual property