Lecture 22
Lecture 22
Lecture 22
Summary of Previous Lecture
In past lecture we have studied
Definition of Ethics
Morality
Integrity?
Difference between Morals, Ethics and Laws
Ethics in Business World
Ethics discussions
Fostering good business ethics.
Summary of Previous Lecture
How to improve corporate Ethics?
Including Ethical Considerations in Decision
Making
Different approaches
Virtue ethics approach
Utilitarian approach
Fairness approach
Summary
What Is Intellectual Property?
Term used to describe works of the mind
Distinctand “owned” or created by a person or group
Under intellectual property law, owners are granted
certain exclusive rights to a variety of intangible
assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases,
symbols, and designs.
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Types of Intellectual Property
Rights
Common types of intellectual property rights
includes
Copyrights
Protects authored works
Trademarks
A distinctive sign
Patents
Protects inventions
.Types of Intellectual Property Rights
Industrial design rights
For example Textile industry print rights in Pakistan
Trade secret law
Helps safeguard information critical to an organization’s
success
Copyrights
Copyrights
Copyright Laws has been enacted by most governments
Pakistan updated copyright law in 1992.
Established in the U.S. Constitution
Article I, Section 8, Clause 8
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Copyrights ..
Copyright term
Copyright law guarantees developers the rights to
their works for a certain amount of time.
Types of work that can be copyrighted
Architecture
Art
Audiovisual
works
Choreography
Drama
Graphics
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Copyrights …
Types of work that can be copyrighted
Literature
Motion pictures
Music
Pantomimes
Pictures
Sculptures
Sound recordings
Other intellectual works:
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Copyrights ..
Must fall within one of the preceding categories
Must be original
Evaluating originality can cause problems
Fair use doctrine
Allows portions of copyrighted materials to be used
without permission under certain circumstances
Maintains balance between protecting an author’s
rights and enabling public access to copyrighted
works
Different factors are considered when evaluating
copyrighted material.
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Copyrights ..
Fair use doctrine factors include:
Purpose and character of the use
Nature of the copyrighted work
Portion of the copyrighted work used
Effect of the use upon the value of the copyrighted
work
Copyright violation
Copy substantial and material part of another’s
copyrighted work
Without permission
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Copyrights ..
Software copyright protection
Raises many complicated issues of interpretation
Copyright law should not be used to inhibit
interoperability between the products of rival vendors
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Copyrights ..
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Copyrights ..
World Intellectual Property Organization (WIPO)
Agency of the United Nations
Advocates for the interests of intellectual property
owners
WIPO Copyright Treaty provides additional copyright
protections for electronic media
“The protection of broadcasting organizations will be
maintained on the agenda of the 24th session of the
SCCR”. To be held in 2012.
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WIPO Web Portal
Copyrights ..
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Patents
Patents
Grant of property right to inventors
Issued by Intellectual Property Organization of
Pakistan.
In U.S. issued by U.S. Patent and Trademark
Office (USPTO)
Permits an owner to exclude the public from
making, using, or selling the protected invention
Allows legal action against violators
Prevents independent creation as well as
copying
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Pakistan’s Intellectual Property Organization official Web Portal
Patents ..
Applicant must file with the IPOP
IPOP searches prior art
Prior art
Existing body of knowledge
Available to a person of ordinary skill in the art
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Patents …
An invention must pass four tests
Must be in one of the five legal classes of items
Must be useful
Must be novel
Must not be obvious to a person having ordinary skill
in the same field
Items cannot be patented if they are:
Abstract ideas
Laws of nature
Natural phenomena
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Patents ..
Patent violation
Making unauthorized use of another’s patent
No specified limit to the financial penalty
Software patent
Protects feature, function, or process embodied in
instructions executed on a computer
In US 20,000 software-related patents per year have
been issued since the early 1980s
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Patents …
Before obtaining a software patent, do a patent search
Software Patent Institute is building a database of
information
Software cross-licensing agreements
Large software companies agree not to sue each
other over patent infringements
Small businesses have no choice but to license
patents
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Patents ..
Defensive publishing
Strategy used to prevent another party from obtaining
a patent on a product, apparatus or method by prior
publishing the product idea.
Company publishes a description of the innovation
Establishes the idea’s legal existence as prior art
Defeat the novelty of subsequent patent publication.
Fast
Patent troll firm
Company who enforces patients against one or more
alleged infringers (Patent Infringement) in a manner
considered aggressive or opportunistic.
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Patents ..
Standard is a definition or format
Approved by recognized standards organization or
accepted as a de facto standard by the industry
Enables hardware and software from different
manufacturers to work together
Submarine patent
A patent which an "inventor" files on a device or
technology that doesn't exist yet, or which has not yet
been successfully implemented.
Patented process/invention hidden within a standard
Does not surface until standard is broadly adopted
Patents ..
Patent farming involves:
Influencing a standards organization to make use of a
patented item without revealing the existence of the
patent
Demanding royalties from all parties that use the
standard
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Trade Secrets
Trade Secrets
Trade secret
Business information
Represents something of economic value
Requires an effort or cost to develop
Some degree of uniqueness or novelty
Generally unknown to the public
Kept confidential
Information is only considered a trade secret if
the company takes steps to protect it
Trade Secrets ..
Trade secret law has a few key advantages
over patents and copyrights
No time limitations
No need to file an application
Patents can be ruled invalid by courts
No filing or application fees
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Employees and Trade Secrets
Employees are the greatest threat to trade
secrets
Unauthorized use of an employer’s customer list
Customer list not legally considered a trade secret
Educate workers about the confidentiality of lists
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Employees and Trade Secrets..
Non-compete 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
Safeguards
Limit
outside access to corporate computers
Guard use of remote computers by employees
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Key Intellectual Property
Issues
Key Intellectual Property Issues
Issues that apply to intellectual property and
information technology
Plagiarism
Reverse engineering
Open source code
Competitive intelligence
Cyber squatting
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Plagiarism
Stealing someone’s ideas or words and passing
them off as one’s own
Many students:
Do not understand what constitutes plagiarism
Believe that all electronic content is in the public
domain
Plagiarism also common outside academia
Plagiarism detection systems
Check submitted material against databases of
electronic content
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Plagiarism ..
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Turnitin.com Online Plagiarism checker
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Reverse Engineering
Process of taking something apart in order to:
Understand it
Build a copy of it
Improve it
Applied to computer:
Hardware
Software
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Open Source Code
Program source code made available for use or
modification:
As users or other developers see fit
Basic premise
Software improves
Can be adapted to meet new needs
Bugs rapidly identified and fixed
High reliability
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Competitive Intelligence..
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Competitive Intelligence ..
Cyber-squatting
Trademark is anything that enables a consumer
to differentiate one company’s products from
another’s
May be a:
Logo
Package design
Phrase
Sound
Word
Cyber-squatting…
Trademark law
Trademark’s owner has the right to prevent others
from using same mark or confusingly similar mark
Cyber-squatters
Registered domain names for famous trademarks or
company names
Hope the trademark’s owner would buy the domain
name for a large sum of money
Cyber-squatting ..
To curb cyber-squatting, register all possible
domain names
.org, .com, .info
Internet Corporation for Assigned Names and
Numbers (ICANN)
ICANN is adding seven new top-level domains (.aero,
.biz, .coop, .info, .museum, .name, and .pro)
Current trademark holders are given time to declare
their rights in the new top-level domains before
registrations are opened to the general public
Internet Corporation for
Assigned Names and Numbers
Cyber-squatting
Registration of a domain name by an unaffiliated
party