today discussion intellectual property. what exactly is intellectual property ? types of...
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Today discussionIntellectual property.
What exactly is intellectual property ?
Types of intellectual property. Patents, Trademarks and Designs.
The BIG PICTURE (Discussions) Ethical issues and challenges in a new software age, with regard to Intellectual property.
Why do we need IP?A grant of rights to creators enhances incentives to invest in innovation & make innovative products available
Defining: Intellectual PropertyCreativity or Innovation (Creation of the mind)Facilitates people to own their creation.Gives Legal Entitlement (A grant of rights)Like Real Property (Can be bought,sold,licensed,exchanged, given way or authorized)In short: Can be classified as a collection of legal doctrines that protect creative assets and efforts.
Types of Intellectual PropertyPatents
PatentsA patent gives an inventor the right for a limited periodto stop others from making, using or selling an inventionwithout the permission of the inventor.Basic conditions must be fulfilled: Should not be a part of the "state of the art". (Everything that has been made available to the public before)Must involve an inventive step Must be industrially applicable
What can be patented ?Design, invention, process, software systemAdvantages:Strong protection- total exclusivityDisadvantages:Long, expensive, technical processMust make public all details
TrademarksA trade mark is any sign which can distinguish the goods and services of one trader from those of another .The signs implication: Words Logos Colours (Ferraris trademark colour RED)Slogans Three-dimensional shapes Sounds and gestures (Catoons)
Trade SecretsAny formula, pattern, device, or compilation of information which is secret and give one an advantage in business.
Owner must make reasonable efforts to safeguard the secret.
AMD/ Cyrix vs. Intel
Big PictureIP rules well-suited to manufacturing era, but will they do as well for the information age?More know how borne on or near the face of information products (e.g., biotech, software)Some valuable information products dont fit the old paradigms (e.g., software, databases)How to maintain balance in the law?IP law works in part because of limitations (e.g., reverse engineering, reuse of information & ideas)Not the case that more IP is necessarily better IP
Big PictureComputer software was first big challenge because it is a machine whose medium of construction happens to be textMachines, machine parts not copyrightableNot a literary work in traditional senseTexts and information innovations historically not patentableBenson decision: only processes that transform matter can be patentedSource code may be trade secret, but program contains source equivalent; accessible through decompilation
Big PictureEarly on Software was not considered a patentable item.Patents have since been given for certain pieces of software and for processes.Some software patents include: LZH encoding,RSA Encryption (expired).
Big PictureOne reaction to the costs of certain software packages and to sometimes restrictive licensing has been the growth of Open Software. Richard Stallman Linus Torvald Many OthersBut even these people are constantly discussing what fair use of the work is
Big PictureResolution of software dilemma: Copyright now protects source & object code, fanciful user interface designs, some structural design featuresPatent now protects algorithms, methods of operation, functional user interface designsFair use to decompile for legitimate purposeTrade secret law protects unpublished source, design documents, & some program internalsHotly contested whether licenses forbidding reverse engineering should be enforceable
DiscussionsAre patents good for technology and people?Should software be patentable?What is fair use of a product?