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Intellectual property is
a legal concept which refers to creations of the mind for which exclusive rights are recognized.
“ refers to creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in
commerce.
IP is protected in law by, for
example, patents, copyright and trademarks, which enable
people to earn recognition or financial benefit from what they invent or
create. By striking the right balance between the interests of innovators and
the wider public interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.” http://www.wipo.int/about-ip/en/
Copyright law
Patent law
Trade secret law
Intellectual Property Rights(IPR) – the right of the person over his/her
mind creations.
Copyrights : the right for authors of their published or
unpublished works. This includes
composers , writers, etc.
Grants issued for solely for them:
–
Distribute
–
Display
–
Perform
–
Reproduce
work
–
Prepare
derivative works based upon the work
But they could give exclusive rights to others.
Copyright infringement is
the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to
reproduce, distribute, display or perform the protected work, or to make derivative works. This is issued to
whoever copies works from other people.
Software copyright
protection
is used by proprietary software companies to prevent the unauthorized copying of
their software. but there are software’s
which are free to used by many.
•
Digital
Millennium Copyright Act (DMCA) –protect from the unauthorized distribution of
the tools and software .
World Intellectual Property
Organization (WIPO) is an international organization dedicated to
helping to ensure that the rights of creators and owners of intellectual
property are protected worldwide and that inventors and authors are, thus,
recognized and rewarded for their ingenuity.
This organization advocates to raise interest many in
intellectual property.
COPYRIGHT PROTECTION
According to our discussion,
The protection of copyright as stated by the law is that the term of protection of
copyright for original and derivative works is the life of the author plus
fifty (50) years after his death.
The Code specifies the terms of protection for the different types of
works.
In calculating the term of protection, the term of protection subsequent
to the death of the author shall run from the date of his death or of
publication, but such terms shall always be deemed to begin on the first day of
January of the year following the event which gave rise to them (i.e. death,
publication, making).
Copyright ownership
In general the one who made the work hold the copyright of it.
• For commissioned works: the
one who commissioned for the work owns
it but the copyright still remain to the owner unless there is an written agreement
between the two
• For audiovisual works:
the producer, the author of the scenario, the composer of the music, the film
director, and the author of the work so adapted.
Patents
Property right to inventors.
is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in
exchange for detailed public disclosure of an invention.
The owner have the rights,
if he wants to exclude the public from making, distributing, using or selling
his invention, and like copyright legal actions would be given to the
violator(s).
A patent according to our teaher has a term of protection of twenty (20)
years providing an inventor significant commercial gain. In return, the patent
owner must share the full description of the invention. This information is
made available to the public in the form of the Intellectual Property Official
Gazette and can be utilized as basis for future research and will in turn
promote innovation and development. The Official Gazette is the public journal and main
publication of the government of the Republic of the Philippines. http://www.gov.ph/
Patent infringement
Just like copyright
infringement, this is also for the unauthorized use of the invention of others.
Software patent
Protects the features of the
software the design, construction and how it works.
Trade secret
-business information, with
economic value, should be kept confidential .
•
Information is
only considered a trade secret if the company takes steps to protect it
Broadly
speaking, any confidential business information which provides an enterprise a
competitive edge may be considered a trade secret. Trade secrets encompass
manufacturing or industrial secrets and commercial secrets.
Employees and Trade Secrets
The greatest threats to the
trade secret are employees. It is best to enclose in the employee’s contract
the confidentiality of the company’s information to ensure safety.
•
Noncompete
agreements
–
Protect
intellectual property from being used by competitors when key employees leave
–
Require
employees not to work for competitors for a period of time
–
Wide range of
treatment on noncompete agreements among the various states
Key Intellectual Property
Issues
•
Issues that
apply to intellectual property and information technology
–
Plagiarism
–
Reverse
engineering
–
Open source code
–
Competitive
intelligence
–
Trademark
infringement
–
Cybersquatting
Plagiarism
is the "wrongful appropriation" and "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work.
.
–As users or other developers see fit
"In production and development, open source as a development model promotes a) universal access via free license to a product's design or blueprint, and b) universal redistribution of that design or blueprint, including subsequent improvements to it by anyone."
Competitive intelligence is the action of defining, gathering, analyzing, and distributing intelligence about products, customers, competitors, and any aspect of the environment needed to support executives and managers making strategic decisions for an organization.
Trademarks ® or TM or SM
•A symbol or design or logo used to identify a business or a product.
•Trademark can’t be registered until it’s used.
•Trademark can’t be registered until it’s used.
"Cybersquatting -also known as domain squatting), according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.:"
