INTELLECTUAL PROPERTY

• Is a term used to describe works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct and owned or created by a single person or group.

  Intellectual property
• Is protected through copyright, patent, and trade secret laws

  Intellectual property
• Protects authored works, such as art, books, film, and music

  Copyright law
• Protects inventions

  Patent law
• Helps safeguard information that is critical to an organization’s success.

  Trade Secret law
• Form a com- plex body of law that addresses the ownership of intellectual property.

  Copyright, Patent, Trade Secret Legislation
• Copyright and patent protection was established through the U.S. Constitution, Article I, section 8, clause 8, which specifies that Congress shall have the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries.
• Is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.

  Copyright
• Is a violation of the rights secured by the owner of a copyright.

  Copyright infringement
• occurs when someone copies a substantial and material part of another’s copyrighted work without permission.

  Infringement
• The courts have a wide range of discretion in award- ing damages—from $200 for innocent infringement to $100,000 for willful infringement.
• Guarantees developers the rights to their works for a certain amount of time.

  Copyright law
• Since 1960, the term of copyright has been extended 11 times from its original limit of 28 years.
• Eligible Works

  The types of work that can be copyrighted include architecture, art, audiovisual works, choreography, drama, graphics, literature, motion pictures, music, pantomimes, pictures, sculptures, sound recordings, and other intellectual works, as described in Title 17 of the U.S. Code.
• To be eligible for a copyright, a work must fall within one of the preceding categories, and it must be original.
• Has proven to be extremely flexible in covering new technologies; thus, software, video games, multimedia works, and Web pages can all be protected

  Copyright law
• evaluating the originality of a work is not always a straight- forward process, and disagreements over whether or not a work is original sometimes lead to litigation.
• Fair use doctrine

  tries to strike a balance between protecting an author’s rights and enabling public access to copyrighted works.

  Copyright law
• was developed over the years as courts worked to maintain that balance.

  Fair use doctrine
• allows portions of copy- righted materials to be used without permission under certain circumstances.

  Fair use doctrine
• Fair use doctrine

  Title 17, section 107, of the U.S. Code established that courts should consider the following four Factor:The purpose and character of the use (such as commercial use or nonprofit,

  educational purposes)

  • The nature of the copyrighted work

  • The portion of the copyrighted work used in relation to the work as a whole

  • The effect of the use on the value of the copyrighted work16
• The concept that an idea cannot be copyrighted but the expression of an idea can be is key to understanding

  Copyright protection
• The use of copyrights to protect computer software raises many complicated issues of interpretation

  Software Copyright Protection
• For example, a software manufacturer can observe the operation of a competitor’s copyrighted program and then create a program that accomplishes the same result and performs in the same manner. To prove infringement, the copyright holder must show a striking resemblance between its software and the new software that could be explained only by copying.
• Increased trademark and copyright enforcement and substantially increased penalties for infringement.

  The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008
• Was a multilateral agreement governing international trade.

  The General Agreement on Tariffs and Trade (GATT)
• There were several rounds of negotiations addressing var- ious trade issues. The Uruguay Round, completed in December 1993, resulted in a trade agreement among 117 countries.
• is a global organization that deals with rules of international trade based on WTO agreements that are negotiated and signed by representatives of the world’s trading nations.

  The World Trade Organization (WTO)
• The WTO is headquartered in Geneva, Switzerland, and had 158 member nations as of February 2013. The goal of the WTO is to help producers of goods and services, exporters, and importers conduct their business.
• Form of intellectual property

  Computer programs are protected as literary works. Authors of computer programs and producers of sound recordings have the right to prohibit the commercial rental of their works to the public.

  Copyright
• Form of intellectual property agreement

  Patent protection is available for any invention—whether a product or process—in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness, and industrial applicability. It is also required that patents be available and patent rights enjoyable without discrimination as to the place

  Patent
• Form of intellectual property

  Trade secrets and other types of undisclosed information that have commercial value must be protected against breach of confidence and other acts that are contrary to honest commercial practices. Reasonable steps must have been taken to keep the information secret.


  Trade Secret
• is a grant of a property right issued by the United States Patent and Trademark Office (USPTO) to an inventor.

  Patent
• Permits its owner to exclude the public from making, using, or selling a protected invention, and it allows for legal action against viola- tors.

  Patents
• prevents independent creation as well as copying. Even if someone else invents the same item independently and with no prior knowledge of the patent holder’s invention, the second inventor is excluded from using the patented device without permission of the original patent holder.

  Patent
• The rights of the patent are valid only in the United States and its territories and possessions.
• Violation of the rights secured by the owner of a patent, occurs when someone makes unauthorized use of another’s patent.

  Patent infringement
• Unlike copyright infringement, there is no specified limit to the monetary penalty if patent infringement is found. In fact, if a court determines that the infringement is intentional, it can award up to three times the amount of the damages claimed by the patent holder. The most common defense against patent infringement is a counterattack on the claim of infringe- ment and the validity of the patent itself. Even if the patent is valid, the plaintiff must still prove that every element of a claim was infringed and that the infringement caused some sort of damage.
• claims as its invention some feature or process embodied in instructions executed by a computer.

  Software Patent
• The courts and the USPTO have changed their attitudes and opinions on the patenting of software over the years. Prior to 1981, the courts regularly turned down requests for such patents, giving the impression that software could not be patented