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Intro to Intellectual Property 3.0
CJ 520/ CJ Computer Crime Intro to Intellectual Property 3.0
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What is Intellectual Property(IP)?
“Legal rights which result from intellectual activity in the industrial, scientific, literary, or artistic fields” --WIPO
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Categories of IP Copyright Industrial Property Patent
Trademark / Service Mark Trade Secrets
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Purpose of IP Rights Incentive Temporary monopoly Encourage sharing
Economic
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Copyright “Designed to foster production of creative works and the free flow of ideas by providing legal protection for creative expression.” --DOJ
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Tangible medium of expression
Computer software Literary works Musical works Sound recordings Dramatic works Motion Pictures Pictorial works Sculptural works Architectural works
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Exclusive Rights Reproduction Public distribution Public performance
Public display Preparation of derivative works
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Fair Use Copies Criticism Comment News reporting Teaching Scholarship
Research
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Copyright Legal Protection
Exists as soon work is expressed in a tangible form Protects the physical expression of an idea, not the idea itself Civil law protects all of the exclusive rights Criminal law focuses on the rights to distribution and reproduction
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Trademarks & Service Marks
“Commercial identity of a brand used to identify a product or service to the consumer” --DOJ
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What are Trademarks & Service Marks?
Name Word Phrase Logo Symbol Design Image Or any combination of the items listed used to identify a product of service.
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Purpose of Trademarks Must be registered with the US Patent & Trademark Office Excludes use of trademark, or similar mark, by other companies Protects goodwill & reputation Promotes fair competition and market integrity Protects consumers from counterfeit goods & services
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Trademark Legal Protection
Registration required with the US Patent & Trademark Office Owner has exclusive right to use mark on all commerce within the US Federal law prohibits trafficking in counterfeit goods including packaging not attached to goods
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Patent “Set of exclusive property rights granted by the state to an inventor for a fixed period of time in exchange for the disclosure of an invention” --DOJ
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Three Types of Patents Utility Design Plant Most common
Inventions that are: Novel Non-obvious Useful Design Ornamental design of a functional item Plant New variety of plant
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Patent Protections Exclude others from making, using, or selling devices that embody the invention Products & processes, not pure ideas Must file for protection at the US Patent & Trademark Office No protection under criminal law, only civil
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Trade Secret “Any secret formula, pattern, device, practice, or information used in a business that has some independent economic value & which is used to obtain some advantage over the competition which does not know it or use it.” --DOJ
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Trade Secrets Have a broader scope than patents
Can be obtained through legitimate means Loses legal protection if the secret is publicly disclosed
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Origins of Intellectual Property
Intellectual Property term establishment of World Intellectual Property Organization - WIPO Concept dates back to the Talmud Middle Ages, Europe, copyright - right to copy
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Copyright Laws in the US
Article 1 Section 8 Clause 8 of the Constitution “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”
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Copyright Act of 1790 First Federal copyright act
Originally covered books, maps & charts Initial term was 14 years - optional 14 year extension if the author was still alive US citizens only Had to register for protection Copy of work at repository
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More Copyright History
Copyright laws changed as technology changed As economic revenues possibilities grew, so did copyright law Exclusive use timeframe extended several times Exclusive use currently 70 to 120 years
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Why Criminal Enforcement?
Most IP infringement handled by civil courts Criminal court only for certain offenses & the worst offenders Repeat offenders Large scale offenders Organized crime Conduct threatening public health & safety
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Department of Justice Approach
Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) Computer Hacking and Intellectual Property (CHIP) Coordinator CHIP Units
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