1. Australian Technology Showcase, 18 May 2011 Intellectual Property (IP) in ICT Paul Massey (Principal)

2. 22 Type of IPWhat IP protects in ICT CopyrightComputer programming code. PatentElectronic systems, computer implemented inventions including software, business methods. Circuit LayoutsMaterial representation of an integrated circuit

3. 3 Copyright In ICT, copyright is mainly used to protect computer programming code (in a similar manner to literary, artistic and musical works). Individual JavaScript files within an internet content management system have been found to qualify as “a computer program”. (Dias Studio Pty Ltd v Bullet Creative Pty Ltd (2008) AIPC 92-270) Life of author plus 70 years. Copyright infringement requires that actual copying took place. No protection against subsequent independent development of the same or substantially similar works. 3

4. 4 Patents In ICT, patents are mainly used to protect: hardware software business methods: new methods of doing business including new types of e-commerce, insurance, banking, tax compliance etc. Provides protection against subsequent independent development of the same invention. Broader form of protection than Copyright.

5. 5 Software Patents No universally accepted definition for software patents “Patent on any performance of a computer [i.e., computer implemented] realised by means of a computer program” - Foundation for a Free Information Infrastructure

6. 6 First Software Patent In 1966, the British Patent Office granted a patent entitled “A Computer Arranged for the Automatic Solution of Linear Programming Problems”. The invention was concerned with efficient memory management for the simplex algorithm. One implementation of the invention was purely a software implementation. Source: Beresford, K (2000) Patenting Software under te EPC, London, Sweet & Maxwell, page 4