INTELLECTUAL PROPERTY 1

Main points 2  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 3  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

Intellectual property rights (IPR) 4  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

Intellectual property 5  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 property 6  Control of distribution and use of intellectual property Income for owner

Why protecting intellectual property 7  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 property 8  instruments of protection :  Copyright  Patents  Trade marks  Trade secrets

Copy right 9  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.) 10  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

Fair use 15  Copy right and fair use:  Copyright protects the creator of an original work by stopping unauthorized duplication  Society suffers if people are denied access to material they need for research and education  Fair use include: Citing short excerpts from copyright works for the purpose of teaching, scholarship, research, criticism, commentary...

Copyright and fair use 16  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 17  World Intellectual Property Organization (WIPO)  Established in administer various copyright laws  163 countries

18  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 19  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

Patents 20  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 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) 21  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 22 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 24 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. copyright 25  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 15 th century

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Software protection 27  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 statistics 28  More than 7 million registered patent in US  Canadian patent office reviews approximately 30,00 requests every year  Apple files new patents  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. 29 USPTO: united states patent and trademark office

Trademark (cont.) 30  A trade mark is very valuable  Shorthand for products  Reliability and quality

Trade secrets 31  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

Trade secret 32  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 33 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 34 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 35 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