Intellectual Property Rights University of Mauritius Faculty of Law & Management LAWS 2100Y Foundations of IT Law presentation on: Wednesday, 18 March 2009 : : Academic Definition & Forms of IPR : : NAC Building

Agenda 1. What is Intellectual Property (IP)? 2. Forms of IPR in the M’tian legislation (IT Law) 3. Forms of IPR (Non IT Law) - briefly

1. What is Intellectual Property (IP)?

2. Forms of IPR in the M’tian legislation (IT Law)

3. Forms of IPR (Non IT Law) - briefly

What is ? La propriété intellectuelle (French) Geistiges Eigentum (German) बौद्धिक सम्पत्ति (Hindi) Proprietà intellettuale (Italian) Интеллектуальная собственность (Russian) Propiedad intelectual (Spanish) الملكية الفكرية (Arabic)

Intellectual Property (IP) refers to the creation of the mind : inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Source : http://www.wipo.int/about-ip/en/

the creation of the mind :

inventions,

literary and artistic works, and

symbols,

names,

images, and

designs used in commerce.

IP Definition from WIPO Intellectual Property Handbook: Policy, Law & Use Chapter 1: Introduction- The concept of Intellectual Property

IP Definition from

WIPO Intellectual Property Handbook: Policy, Law & Use

Chapter 1: Introduction-

The concept of Intellectual Property

Intellectual property, the fruits of human creativity and invention, is divided into two categories: 1) Industrial Property : inventions (patents), trademarks, industrial designs, and geographic indications of source; 2) Copyright : literary (novels, poems and plays, films, musical works) and artistic works (drawings, paintings, photographs and sculptures, and architectural designs)

Intellectual property, the fruits of human creativity and invention, is divided into two categories:

1) Industrial Property : inventions (patents), trademarks, industrial designs, and geographic indications of source;

2) Copyright : literary (novels, poems and plays, films, musical works) and artistic works (drawings, paintings, photographs and sculptures, and architectural designs)

Academic Definition IPR protect information stored by electronic means and all of the paperwork which accompanies a program IPR should be seen as a package. Different rights protect different products The name under which the product is sold may be registered as a trademark The hardware or a process used in its manufacturing may be protected by a patent Software can also be protected by patent or copyright, as can accompanying documentation Semi-conductor chips can be protected by topography right Source : F.Bott et al, Professional Issues in Software Engineering

IPR protect information stored by electronic means and all of the paperwork which accompanies a program

IPR should be seen as a package. Different rights protect different products

The name under which the product is sold may be registered as a trademark

The hardware or a process used in its manufacturing may be protected by a patent

Software can also be protected by patent or copyright, as can accompanying documentation

Semi-conductor chips can be protected by topography right

Academic Definition The look of the product may be registered in the Designs Registry The know-how which goes into the development of the product may be protected as confidential information Unauthorised use of intellectual property can be stopped by injunction 1 and damages may be sought for infringement of these rights Source : F.Bott et al, Professional Issues in Software Engineering 1 An injunction is an equitable remedy in the form of a court order , whereby a party is required to do, or to refrain from doing, certain acts - Wikipedia

The look of the product may be registered in the Designs Registry

The know-how which goes into the development of the product may be protected as confidential information

Unauthorised use of intellectual property can be stopped by injunction 1 and damages may be sought for infringement of these rights

Types/ Forms of Copyright Software Patents/ Licensing Trademarks and Domain names Trade Secret Protection in Computer Technology Database rights Integrated Semiconductor Circuits IT Law

Copyright

Software Patents/ Licensing

Trademarks and Domain names

Trade Secret Protection in Computer Technology

Database rights

Integrated Semiconductor Circuits

1. Copyright

Copyright Copyright is the oldest legal form of intellectual property and instituted internationally. Copyright is a legal term describing rights given to creators for their literary and artistic works. Symbolized as "©" Copyright infringement of software (software piracy) refers to several practices which involve the unauthorized copying of computer software Source(s) : http://www.wipo.int/copyright/en/general/about_copyright.html http://nubloo.com/design/magenta-lessons-part-3-a-designers-guide-to-trademarks http://en.wikipedia.org/wiki/Copyright_infringement_of_software

Copyright is the oldest legal form of intellectual property and instituted internationally.

Copyright is a legal term describing rights given to creators for their literary and artistic works. Symbolized as "©"

Copyright infringement of software (software piracy) refers to several practices which involve the unauthorized copying of computer software

Forms of copyright infringement " CD-R infringement " is the illegal copying of software using CD-R recording technology. " Commercial Use of Non-commercial Software " is using educational or other commercial-use-restricted software in violation of the software license is a form of copyright infringement. " Counterfeiting " is the duplication and sale of unauthorized copies of software in such a manner as to try to pass off the illegal copy as if it were a legitimate copy produced or authorized by the legal publisher. " Hard-disk loading " occurs when an individual or company sells computers preloaded with illegal copies of software. " Internet infringement " is the illegal uploading of software on to the Internet for anyone to copy. " OEM infringement/unbundling " is known as OEM ( original equipment manufacturer ) software, is only legally sold with specified hardware. Source(s) : http://en.wikipedia.org/wiki/Copyright_infringement_of_software

" CD-R infringement " is the illegal copying of software using CD-R recording technology.

" Commercial Use of Non-commercial Software " is using educational or other commercial-use-restricted software in violation of the software license is a form of copyright infringement.

" Counterfeiting " is the duplication and sale of unauthorized copies of software in such a manner as to try to pass off the illegal copy as if it were a legitimate copy produced or authorized by the legal publisher.

" Hard-disk loading " occurs when an individual or company sells computers preloaded with illegal copies of software.

" Internet infringement " is the illegal uploading of software on to the Internet for anyone to copy.

" OEM infringement/unbundling " is known as OEM ( original equipment manufacturer ) software, is only legally sold with specified hardware.

© – Mauritian Legislation The Copyright Act 1997 Purpose of the Act: “to make better provision for the protection of intellectual property and for connected matters.” The act guarantees protection of economic and moral rights of the author

The Copyright Act 1997

Purpose of the Act: “to make better provision for the protection of intellectual property and for connected matters.”

The act guarantees protection of economic and moral rights of the author

2. Software Patent/ Licensing

What is a Patent? A patent is a document issued by a government authority (or a regional authority) granting the exclusive right to the applicant (normally the owner of invention) to exploit an invention to the exclusion of others, for a limited period of time. Source: Mauritius Research Council IPR Booklet

A patent is a document

issued by a government authority (or a regional authority)

granting the exclusive right to the applicant (normally the owner of invention)

to exploit an invention to the exclusion of others,

for a limited period of time.

Source: Mauritius Research Council IPR Booklet

The Patent, Industrial Designs and Trademarks Act 2002 "patent" means the title granted to protect an invention; "invention" means an idea of an inventor which provides the solution to a specific problem in the field of technology. An invention shall be patentable under this Act where it- (i) is new; (ii) involves an inventive step; (iii) is capable of industrial application. Patent: Mauritian legislation

"patent" means the title granted to protect an invention;

"invention" means an idea of an inventor which provides the solution to a specific problem in the field of technology.

An invention shall be patentable under this Act where it-

(i) is new;

(ii) involves an inventive step;

(iii) is capable of industrial application.

How to protect Software? Software is a product of human intellect -> a kind of IP Software protection methods include: Copyright, Trademarks, Patents, End-User Licences. For eg.: “ Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, Distiller and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries” Source: University of Sussex/Sheffield, Brochure on Your Software and How to Protect it

Software is a product of human intellect -> a kind of IP

Software protection methods include: Copyright, Trademarks, Patents, End-User Licences. For eg.:

“ Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, Distiller and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries”

Software End-User License A software company can require user of its software to sign an ‘end-user licence’ before they use it. For e.g. Windows XP Home EULA License makes it clear that the intellectual property embedded in the software belongs to the company, including copyright, patents and trademarks Source: University of Sussex/Sheffield, Brochure on Your Software and How to Protect it http://www.codinghorror.com/blog/archives/000892.html - Does Anyone Actually Read Software EULAs?

A software company can require user of its software to sign an ‘end-user licence’ before they use it. For e.g. Windows XP Home EULA

License makes it clear that the intellectual property embedded in the software belongs to the company, including copyright, patents and trademarks

3. Trademarks & Domain Names

Trademark Registered Trademark (®) Unregistered Trademark (™) A Registered Trademark (®) has been registered with a country’s federal Patent and Trademark Office (or with the WIPO, acting as an agent for more than one country at a time) and is represented by the R in a circle. the TM is also only used in the U.S. and has little legal grounds in other countries, such as the European Union, where it’s more of a “who files first” basis, rather than a “who uses first” one

Trademark A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks. Source : http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark – M’tian legislation A trademark is any sign that individualises the goods of a given enterprise and distinguishes them from any goods of its competitors. In the Mauritian context, distinction has been made between: A trademark: which is any visible sign capable of distinguishing goods A service mark- which is any visible sign capable of distinguishing service Source : Section 4 Trademark, MRC IPR Booklet

A trademark is any sign that individualises the goods of a given enterprise and distinguishes them from any goods of its competitors.

In the Mauritian context, distinction has been made between:

A trademark: which is any visible sign capable of distinguishing goods

A service mark- which is any visible sign capable of distinguishing service

Domain Names as Trademark A good domain name can be a very valuable asset It makes easier for an Internet user to locate the company’s website without significant searching As such the owner of a domain name will want to protect it under trademark law. Source(s) : Michael D. Scott , Scott on Information Technology Law

A good domain name can be a very valuable asset

It makes easier for an Internet user to locate the company’s website without significant searching

As such the owner of a domain name will want to protect it under trademark law.

Domain Names as Trademark Only the distinctive portion of a domain name is entitled to mark protection i.e the second level domain name such as microsoft in microsoft.com The letters to the right of the “.” (.com, .net etc) are not protectable just like the notation http://www. Source(s) : Michael D. Scott , Scott on Information Technology Law

Only the distinctive portion of a domain name is entitled to mark protection

i.e the second level domain name such as microsoft in microsoft.com

The letters to the right of the “.” (.com, .net etc) are not protectable just like the notation

http://www.

Domain Names as Trademark the owner of a registered trademark can often claim rights to a domain name registered by another entity if the domain name comprises the trademark owner’s trademark. This is usually accomplished through the use of the Uniform Domain-Name Dispute Resolution Process (UDRP) under the rules of the Internet Corporation for Assigned Names and Numbers (ICANN). Source(s) :http://www.zeromillion.com/entrepreneurship/trademarks-domain-names.html

the owner of a registered trademark can often claim rights to a domain name registered by another entity if the domain name comprises the trademark owner’s trademark.

This is usually accomplished through the use of the Uniform Domain-Name Dispute Resolution Process (UDRP) under the rules of the Internet Corporation for Assigned Names and Numbers (ICANN).

Cyber Piracy

Cybersquatting Cybersquatting or cyberpiracy generally refers to registration of another party’s mark as a domain name for the purpose of either selling the domain name to the legitimate owner at a profit or for trading upon the goodwill associated with the mark. Cybersquatters sometimes register variants of popular trademarked names, a practice known as typosquatting . For eg. Whitehouse.gov v/s whitehouse.com Source(s) : Michael D. Scott , Scott on Information Technology Law http://en.wikipedia.org/wiki/Cybersquatting

Cybersquatting or cyberpiracy generally refers to registration of another party’s mark as a domain name for the purpose of either selling the domain name to the legitimate owner at a profit or for trading upon the goodwill associated with the mark.

Cybersquatters sometimes register variants of popular trademarked names, a practice known as typosquatting .

For eg. Whitehouse.gov v/s whitehouse.com

4. Trade Secret protection in IT

What is a Trade Secret? A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as: Confidential information or Classified information Eg. One of the most well kept trade secrets is the formula for making Coca-cola Source : http://medranohoganslaw.com/6701/index.html

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.

In some jurisdictions, such secrets are referred to as: Confidential information or Classified information

Eg. One of the most well kept trade secrets is the formula for making Coca-cola

Trade Secret in Computer Technology Trade Secret has been applied to a variety of computer technology: Computer programs Software & Hardware documentation Software & Hardware design/ manufacturing information Algorithms, mathematical models & formulae Computer files/ data Negative information e.g. research that shows that a certain device or process does not work

Trade Secret has been applied to a variety of computer technology:

Computer programs

Software & Hardware documentation

Software & Hardware design/ manufacturing information

Algorithms, mathematical models & formulae

Computer files/ data

Negative information e.g. research that shows that a certain device or process does not work

Trade Secret in Mauritius Trade Secret is not addressed in the Mauritian Legislation

Trade Secret is not addressed in the Mauritian Legislation

5. Database Right In European Union law , a database right is a legal right, introduced in 1996 . Database rights are specifically coded (i.e. sui generis ) copyright laws on the copying and dissemination of information in computer databases .

In European Union law , a database right is a legal right, introduced in 1996 .

Database rights are specifically coded (i.e. sui generis ) copyright laws on the copying and dissemination of information in computer databases .

6. Layout Designs (Topographies) Semiconductor integrated circuits are at the heart of modern information, communications, entertainment, manufacturing, medical and space technologies. Legislation protects the original design of a registered topography, whether it has been embodied in an integrated circuit product or not. For eg. Topographies which define generic layers of gate array integrated circuit products, may be registered Source : Canadian Intellectual Property Office

Semiconductor integrated circuits are at the heart of modern information, communications, entertainment, manufacturing, medical and space technologies.

Legislation protects the original design of a registered topography, whether it has been embodied in an integrated circuit product or not.

For eg. Topographies which define generic layers of gate array integrated circuit products, may be registered

6. Layout Designs (Topographies) The development and manufacture of integrated circuits need protection from unauthorised reproduction. Integrated Circuits Act 2002 Provides the protection of semi-conductor integrated circuits layout designs.

The development and manufacture of integrated circuits need protection from unauthorised reproduction.

Integrated Circuits Act 2002

Provides the protection of semi-conductor integrated circuits layout designs.

Non IT-Law related IPR Plant Breeder’s Rights of protected variety Geographical Indication of Source Industrial Design Rights Utility Model Unfair Practices

Plant Breeder’s Rights of protected variety

Geographical Indication of Source

Industrial Design Rights

Utility Model

Unfair Practices

References Mauritius Research Council, Basics of Intellectual Property Rights , Sept 2003 Anjana Khemraz, Intellectual Property in Mauritius , 2005 WIPO http:// nubloo.com /design/magenta-lessons-part-3-a-designers-guide-to-trademarks Michael D. Scott, Scott on Information Technology Law Wikipedia Google Images University of Sussex/Sheffield, Brochure on Your Software and How to Protect it www.codinghorror.com- Does Anyone Actually Read Software EULAs ? WIPO website: http:// www.wipo.int /portal/index.html.en What is the connection between trademarks and domain names – zeromillion.com

Mauritius Research Council, Basics of Intellectual Property Rights , Sept 2003

Anjana Khemraz, Intellectual Property in Mauritius , 2005

WIPO

http:// nubloo.com /design/magenta-lessons-part-3-a-designers-guide-to-trademarks

Michael D. Scott, Scott on Information Technology Law

Wikipedia

Google Images

University of Sussex/Sheffield, Brochure on Your Software and How to Protect it

www.codinghorror.com- Does Anyone Actually Read Software EULAs ?

WIPO website: http:// www.wipo.int /portal/index.html.en

What is the connection between trademarks and domain names – zeromillion.com

End of Presentation on: Merci (French) Danke (German) धन्यवाद (Hindi) Grazie (Italian) Спасибо (Russian) Gracias(Spanish) شكرا لك (Arabic) Thank you for your kind attention!