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Session 4 Intellectual Property

The document discusses various aspects of intellectual property (IP), including copyright, patents, trademarks, and design rights, emphasizing their importance in protecting creative works and inventions. It outlines the legal frameworks governing these rights, particularly focusing on copyright law as it relates to computer software and the implications of software copyright infringement. Additionally, it introduces the concepts of free software, open source, and copyleft, highlighting the freedoms associated with using and modifying software.

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6 views

Session 4 Intellectual Property

The document discusses various aspects of intellectual property (IP), including copyright, patents, trademarks, and design rights, emphasizing their importance in protecting creative works and inventions. It outlines the legal frameworks governing these rights, particularly focusing on copyright law as it relates to computer software and the implications of software copyright infringement. Additionally, it introduces the concepts of free software, open source, and copyleft, highlighting the freedoms associated with using and modifying software.

Uploaded by

lucbrouillard381
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Session 4 Intellectual Property

Objectives
We will look at:
Intellectual Property
Laws relating to : copyright, Patent, Law relating to designs, Trade Marks
Copyright of Computer Software
Free Software, Open Source and Copyleft

4.1 Introduction to Intellectual Property


Intellectual property (IP) is the name given to legal rights that protect creative works, inventions
and commercial goodwill to intangible assets of a busines.
Intellectual property rights (IPR) include:
— copyright
— patents
— trade marks
— law of confidence
— passing off
- design rights

Question: Why is intellectual property important?

Tangible property versus intellectual property


- If someone steals your bicycle(or phone, laptop, tablet), you no longer have it.
- If you invent a drug that cures all known illnesses, and leave the formula on your desk,
someone could read it, and go away and manufacture the drug.

4.1.1 Copyright law


Copyright is a benefit granted by statute.
In 1709, the first English copyright law (statute of Anne) related only to literary works was
established. This created a registration system that protected publishers against unauthorised
copying of books; because this was easy after the invention of the printing press.

Modern copyright law:


Copyright, Designs and Patents Act 1988 (CDPA) extends to literary, artistic and musical works. It
provides the owner with exclusive rights to publish, perform, broadcast, adapt or copy the whole
or a substantial part of a work, for a set period of time.

Copyright exists for:


(i) 70 years after the author’s death or
(ii) 50 years after the creation of work (depends on Work).
It is free and automatic on create of a work.
Note
Copyright protects the expression of an idea, not he idea itself.

4.1.2 Patent law


Implemented by the Patents Act 1977 and amended by Patents Act 2004. Patents give the owner
the exclusive right in an invention
Patent is a good form of intellectual property since the owner has a monopoly in an invention for
several years.

Unlike copyright, patents must be applied for.


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Applications are handled by the Patent Office. Patent application is an expensive and lengthy
process.
If a patent is granted, it can be held for up to 20 years.

Patent law is unlikely to be appropriate for software .Why?


- Because the invention must be new, involve an inventive step and must be capable of industrial
application.
— Might be a product (e. g. a new kind of storage device)
— or a process (e.g. a new way of manufacturing printed circuit boards).
Most things directly protected by copyright are excluded from patentability.

4.1.3 The law of confidence


The law of confidence protects information (trade secrets, business data, ideas not expressed
physically).
Copyright and patent laws are defined by statute, but the law of confidence is defined by
Common Law (UK).

The limitation of the law of confidence is that the information must be confidential and not in the
public domain.
The law of confidence can protect ideas before they are sufficiently developed to enable copyrighting
or patenting. Since the law of confidence is based on common law, it is flexible and has been able
to keep pace with advancing technology.

4.1.4 Law relating to designs


Design rights are granted by statute. They might be appropriate for protecting the design of items
such as an ergonomic mouse.
Silicon chips are protected by the Design Right (Semiconductor Regulations) 1989.

4.1.5 Trade Marks


Many trade marks in the computer industry, e. g. the phrase ‘Micr0s0ft Word’ and the Apple logo.
Trade marks may be registered under the Trade Marks Act 1994 (UK).
A trade mark can be:
‘.. any sign capable of being represented graphically which is capable of distinguishing goods or
services of one undertaking from those of other undertakings.’

Eg. Coca Cola

Why are trademarks important?


Apple Computer Inc. vs. apple Corps (1989-2006)
— eg the long-running dispute between Apple (of Mac fame) and Apple Records (the Beatles
record company) over the use of the apple logo;
— see wikipedia for more details;
— question: could these two brands really have been confused?

4.2 Copyright of Computer Software


Until 1985 , it was uncertain Whether computer programs were protected by copyright in the U.K.
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One view: source code listings of computer programs were protected by copyright because they
resembled written English.
But what about object code, computer files and databases?
There is Confusion there.....

Key case: Apple Computer Inc. vs. Computer Edge Pty Ltd (1984) and most recently case between
(Apple’s iPhone and Samsung Galaxy smartphones)

— defendant imported clones of the Apple II into Australia:


• they called them Wombats;
• they claimed that they did not contain the Apple operating system
• but programs in the Wombat chips had the Apple programmers, names embedded in the
code;
— defendant claimed that object code was not a literary work and therefore not subject to
copyright;
— Argument accepted by trial judge; but rejected on appeal by Federal Court of New South Wales.

This case resulted in a change of copyright law in UK:


— the Copyright (Computer Software) Amendment Act 1985;
— this made it clear that computer were protected as literary Works.

Software copyright is now covered by the Copyright, Designs and Patents Act 1988 (CDPA).

4.2.1 Infringement of copyright


A person infringes copyright if he does a restricted act or authorises another to do a restricted act
without the permission of the co right owner.
Exceptions to infringement relating to computer programs have been introduced by the Copyright
(Computer Programs) Regulations 1992.

4.2.2 Remedies for copyright infringement


Injunction — a court order requiring the defendant to do something or refrain from doing
something e.g. stop selling unauthorised copies of a computer program.
Damages — copyright damages are assessed as the estimated loss resulting from the infringement.
Additional damages — appropriate when the copyright owner has suffered damage to reputation
or feelings as well as purely financial loss.
Criminal penalties for ‘secondary infringements’ e.g. commercial dealing in pirated software.

4.2.3 Implications of Software Copyright Law


- Do not copy non—literal parts of computer programs, screen displays, menus, database
structure etc.
- Even if an element of new software is ‘dictated by function’ (e.g. search algorithm) create it
independently.
- Prepare, date and keep preparatory materials for software development.
- Insert deliberate mistakes or redundant code.
- Be aware that copyright extends to compilations of programs and data files.

- Ensure employees do not use materials or confidential information from previous


employment.
- Be careful when using software engineers who have worked on a similar project for a
previous employer.
- Obtain signed transfer of copyright from self-employed programmers or consultants.

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- Check licence agreements for terms in respect of decompilation and making back-up
copies.

4.2.4 Patentability of Computer Programs


A patent may be granted for an invention only if following conditions are satisfied:
The invention is new;
- It involves an inventive step;
- It is capable of industrial application.

4.3 Free Software, Open Source and Copyleft


Richard Stallman established the Free Software Foundation (FSF) and has campaigned against
software ownership.
‘Free’ software means:
— The freedom to run the program, for any purpose;
— The freedom to study how the program works, and adapt it to your needs;
— The freedom to redistribute copies so you can help your neighbour;
- The freedom to improve the program, and release your improvements to the public, so that
the whole community benefits.
Access to source code is a precondition for this.

‘Free’ does not mean non-commercial (‘like free speech, not free beer,). Free programs are
available for commercial use, development and distribution. Examples include: (Linux, MySQL,
MacOS X).
FSF advocates a ‘copy left’ model, allow rights to use, modify, and redistribute the program’s code
or any program derived from it but only if the distribution terms are unchanged. Example: GNU
public licence (see http: / /vvvvvv.gnu.org).

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