Intellectual Property Rights and Computer Technology
Computer Products and Services
Instruments of Protection
Ownership
Infringement
Protection of Ownership Rights
The Legal Protection of Computer Software
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Computer Products and Services
Computer products Have a tangible form Have intrinsic value
Computer services Have intrinsic value Have no tangible form
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Computer products and services…
Computer software A set of logical instructions in four forms:
Logical map Source code Object code Executable code
Has two forms Product Service
May not have a tangible form
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Computer Products and Services…
Computer software categories: CANNED- off-the-shelf software Designer software – ordered by the
customer Mixed – designer/canned
If it is canned – it is a product If it is designer ordered – it is a
service Otherwise a mixed case.
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Foundations of Intellectual Property Rights
Software is protected by Copyrights Rights enforceable by law Accorded to an artist, inventor/creator Should be an expression or creative works
Literary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.
The protected works must have: Tangible form Originality Fixation in a medium
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Foundations of Intellectual Property Rights
Copyrights are now universally accepted International enforcement conventions
include: WIPO- world intellectual property
organization UNESCO UCC- universal copyright convention WTO – World Trade Organization
Once a copyright expires the work goes in public domain
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Foundations of Intellectual Property Rights
Public works include: Non-copyrightable items
Ideas, facts, schedules, names, etc..
Copyrightable items Copyrights have expired Copyrightable works put in public
domain by author
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Foundations of Intellectual Property Rights
Duration of copyrights: Depends on country U.S.
Prior 1978 75 years from date of issue
After 1978 lifetime of author plus 50 years
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Foundations of Intellectual Property RightsPatents
Protection of inventions and discoveries Requirements
New and useful
Improvement of any of the following: Process
Manufacturing ( products that are not machines)
Machines (covering mechanism, mechanical products & composition)
Utility
Novelty
Nonobvious
No disclosure.
Protection duration in U.S. is 17 yearsEthical and Social...J.M.Kizza
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Foundations of Intellectual Property Rights
Trade Secrets Information gives company competitive advantage
No one specific definition of trade secrets
Collection of information Static format
Strategic importance
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12 Foundations of Intellectual Property Rights
Trade Secrets Duration is infinite if no disclosure
The following characterize trade secrets
Extent the information is known outside the business
Extent of measures taken to protect the trade secrets
Value of information to the owner
Amount of money spent by owner to develop the information
Ease/difficulty of acquiring such information
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Foundations of Intellectual Property Rights
Trademarks – product identifying labels Include:
Service marks
Certification marks
Collective marks
Characteristic of trademarks include Arbitrary marks (say nothing but used for service)
Suggestive marks (symbols and writings)
Descriptive marks (intended purposes)
General marks (unrelated and not suggestive)
Duration of trademarks in U.S. is 10 years
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Foundations of Intellectual Property Rights
Trademarks are registered in U.S. if they: Are in good taste for the public Have no suggestive connotations to
their origin Are not symbols of any recognizable
country Do not use people’s likeness without
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Foundations of Intellectual Property Rights
Personal Identity Identity theft is a crime committed
A person misrepresents oneself
Intent Get the victim’s information
Perpetrator can get goods & services in the victim's name.
One of the fastest growing crime
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Foundations of Intellectual Property Rights
Identity theft techniques Advertising
Newspapers Internet Most common technique - pretext calling,
People misrepresent themselves Law enforcement agents Social workers Potential employers
Goal - obtain the private data Sources of directions
How-to books Discussion groups Internet
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Foundations of Intellectual Property Rights
Techniques steal personal identity include Telemarketing Fake Identifications Dumpster diving Going through trash Post office to redirect mail Eavesdropping Social engineering
Prevention Personal awareness Education
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Ownership
Novel idea Original, authentic, and new
Inventive and creative
Come from individual
Sources of substantial benefits to individuals and the public
Useful Put into utilizable form - process or application.
Ideas are in public domain Making them utilizable creates
ownershipEthical and Social...J.M.Kizza
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Infringement
Using intellectual property rights without permission
There are three types of infringements:
Direct (full knowledge)
Inducement
Contributory Copyrights infringement: difficult to prove
Infringer has knowledge or visual contact with the work.
Individual claiming to be the owner has a valid copyright.
Work under dispute is a major revision Substantially new contents versus a variation
Patent and trademarks infringements: difficult to prove
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Infringement
Trademark infringement:
Prove beyond doubt
Infringer’s action was likely to confuse the public.
Trade Secrets. Even more difficult.
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Protection of ownership rights As owner/author of a creation, you’re protected
by: Copyrights Patents Trademark Trade secrets
Burden of safeguarding intellectual property rights – owner
Methods vary Spying Using hired operatives Inspection Use of enforcement agencies Use of government (big companies)
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First Sale Doctrine
Copyright owner distribution rights Sale Transfer of ownership Rental Release
Fair Use Doctrine Balance
Protection of inventor/creator & benefits to the community
Four ways to judge is fair use The purpose of use, commercial or educational Nature of use Percentage of use Effect on commercial value
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Protection of ownership rights…
Property Rights Laws based on types Copyrights
Country dependent Right to use, transform, sale, copy, and modify
Patents: country dependent Trademarks: state and country dependent Trade secrets
Country States Local authority
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