Your SlideShare is downloading. ×
File000096
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

File000096

204
views

Published on


0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
204
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3659                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Computer Hacking Forensic Investigator (CHFI) Module XLIII: Investigating Trademark and Copyright Infringement Exam 312-49
  • 2. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3660                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   News: BlackBerry Maker, NTP Ink $612 Million Settlement Source: http://money.cnn.com/ BlackBerry maker Research in Motion said that it is ready to pay $612.5 million to patent holding company NTP to resolve the dispute that threatened to close its popular wireless email services for its 3 million users. Canadian-based Research in Motion announced the settlement ahead of a U.S. judge’s expected ruling of damages in the case. In the settlement, NTP granted RIM the power to run its Blackberry business, the company said in a statement. The agreement is finalized and NTP’s lawsuit against RIM has been dismissed by a court order, Canadian company said. The settlements means there is no further court proceedings or decisions about damages are necessary. "The settlement basically makes the pre-warning irrelevant," said Peter Misek, an analyst with Canaccord Capital. The parent office made a second final rejection of NTP’s patents, which means that the the patents could be ruled invalid. But this development was too late to be relevant to the district court proceedings. RIM negotiated a 2004 settlement with NTP of $450 million, but the deal fell apart before it was completed.
  • 3. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3661                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   News: Recent Patent Infringement Cases Filed in U.S. District Courts Source: http://www.setexasrecord.com/ Mobile Micromedia Solutions LLC vs. BMW of North America and Hyundai Motor America Plaintiff Mobile Micromedia Solutions (MMS), a Texas Limited Liability Company based in Texarkana, claims:  It owns the rights to U.S. Patent No. 5,420,931 issued May 30, 1995, and U.S. Patent No. 5,722,069 issued Feb. 24, 1998  Auto makers BMW and Hyundai are infringing on the patents-in-suit "Upon information and belief, defendants have in the past and continue to infringe the patents by making, using, selling and/or offering to sell, in this judicial district and elsewhere in the United States, products and services which are covered by at least one claim of patents," the complaint states. "As a consequence of the infringement by defendants complained of herein, MMS has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless defendants are enjoined by this court from committing further acts of infringement. In the event the Court determines that it will not enter injunctive relief, then it should require defendants to continue to pay royalties for their infringement of the patents on a going-forward basis." MMS seeks injunctive relief, interest, treble damages, costs, and attorneys' fees where Nicholas Patton of Texarkana is representing the plaintiff and the case is assigned to U.S. court of law.
  • 4. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3662                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Module Objective This module will familiarize you with:  Trademarks  Characteristics of Trademarks  Service Mark and Trade Dress  Trademark Infringements  Steps for Investigating Trademark Infringement  Copyright  Investigating Copyright Status  How Are Copyrights Enforced?  Copyright Infringement Plagiarism  Plagiarism Detection Tools  Patent Infringement  Domain Name Infringement  Investigating Intellectual Property Theft  Digital Rights Management
  • 5. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3663                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Module Flow
  • 6. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3664                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Trademark Infringement
  • 7. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3665                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Trademarks Source: www.uspto.gov “A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods of one party from those of others.” Brand name, symbols, slogans, design of a product including the packaging style, specific words, smell, specific color, or a combination of any of these that helps the consumer to distinguish a particular product or service from others of the same trade classify as trademarks. Trademarks are of the following three types, namely: Service mark “A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.” It is similar to trademark, the only difference being that a service mark is used to identify and differentiate the service of one company with another in the same area of the trade. Collective mark “A collective mark is a trademark or service mark used or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark, which indicates membership in a union, an association, or other organization.” Certification mark “Certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization”
  • 8. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3666                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Trademark Eligibility and Benefits of Registering It An individual or business unit intending to use a unique identifier to categorize its goods or services can qualify as a trademark. The trademark should be unique and not misleading. To own a trademark, a trademark application form should be filed at the USPTO. The application form should include the following before the USPTO accepts it:  Applicant’s name  A name and address required for correspondence  An apparent depiction of the mark  A list of the goods or services provided  The application filing fee for at least one set of goods or services Following are the benefits of registering a trademark:  Protects an organization’s name/logo, which is an important asset  Owner attains exclusive rights of the mark and protection against the trademark infringement  Gives more visibility to the product from other products in the same trade  Once a trademark is registered, it gets updated in the trademark search database, which helps to discourage other applicants from filing a similar kind of trademark  If a registered trademark is infringed, the owner of the registered trademark can ask the infringer to pay for damages and also demand the attorneys’ fees that the plaintiff incurred while filing the lawsuit  Provides a base for filing the registration for that particular trademark in a foreign country
  • 9. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3667                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Service Mark and Trade Dress There is a thin line difference between a trademark and a service mark, where trademark differentiates products of the same trade while service mark differentiates services of the same trade. The symbol SM is for an unregistered service mark. TM is for an unregistered trademark. According to www.nolo.com, “In addition to a label, logo, or other identifying symbol, a product may be known by its distinctive packaging”. This is called trade dress. Color, pattern, shape, design, arrangement of letters/words, packaging style, and graphical presentation form a part of trade dress. In the early days, trade dress was referred to the way in which a product was packaged to be launched in the market, but now even the product design is an inclusion element of trade dress. Elements of trade dress of a particular product do not affect the way in which the product is used. Federal law for trademark applies to trade dress also. There is no distinction between trade dress and trademark because the Lanham Act, also known as the “Trademark Act of 1946”, does not provide any distinction between the two.
  • 10. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3668                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Trademark Infringement According to www.legal-definitions.com “An infringement is the unauthorized use of another’s right or privilege, usually an intellectual property right, such as a patent, copyright, or trademark”. A party that owns the rights to a particular trademark can sue other parties for trademark infringement based on the standard “likelihood of confusion”. According to the Trademark Act of 1946 statutes §1114 and § 1125 specify in particular for trademark infringement. Source: http://www4.law.cornell.edu/ TITLE VI REMEDIES §32 (15 U.S.C. §1114). Remedies; infringement; innocent infringers 1) Any person who shall, without the consent of the registrant— (a) Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) Reproduce, counterfeit, copy or colorably imitate a registered mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. As used in this paragraph, the term “any person” includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, and any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity. (2) Notwithstanding any other provision of this Act, the remedies given to the owner of a right infringed under this Act or to a person bringing an action under section 43(a) or (d) shall be limited as follows:
  • 11. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3669                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (A) Where an infringer or violator is engaged solely in the business of printing the mark or violating matter for others and establishes that he or she was an innocent infringer or innocent violator, the owner of the right infringed or person bringing the action under section 43(a) shall be entitled as against such infringer or violator only to an injunction against future printing. (B) Where the infringement or violation complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical or in an electronic communication as defined in section 2510(12) of title 18, United States Code, the remedies of the owner of the right infringed or person bringing the action under section 43(a) as against the publisher or distributor of such newspaper, magazine, or other similar periodical or electronic communication shall be limited to an injunction against the presentation of such advertising matter in future issues of such newspapers, magazines, or other similar periodicals or in future transmissions of such electronic communications. The limitations of this subparagraph shall apply only to innocent infringers and innocent violators. (C) Injunctive relief shall not be available to the owner of the right infringed or person bringing the action under section 43(a) with respect to an issue of a newspaper, magazine, or other similar periodical or an electronic communication containing infringing matter or violating matter where restraining the dissemination of such infringing matter or violating matter in any particular issue of such periodical or in an electronic communication would delay the delivery of such issue or transmission of such electronic communication after the regular time for such delivery or transmission, and such delay would be due to the method by which publication and distribution of such periodical or transmission of such electronic communication is customarily conducted in accordance with sound business practice, and not due to any method or device adopted to evade this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter or violating matter. (D)(i)(I) A domain name registrar, a domain name registry, or other domain name registration authority that takes any action described under clause (ii) affecting a domain name shall not be liable for monetary relief or, except as provided in sub clause (II), for injunctive relief, to any person for such action, regardless of whether the domain name is finally determined to infringe or dilute the mark. (II) A domain name registrar, domain name registry, or other domain name registration authority described in sub clause (I) may be subject to injunctive relief only if such registrar, registry, or other registration authority has— (aa) not expeditiously deposited with a court, in which an action has been filed regarding the disposition of the domain name, documents sufficient for the court to establish the court’s control and authority regarding the disposition of the registration and use of the domain name; (bb) transferred, suspended, or otherwise modified the domain name during the pendency of the action, except upon order of the court; or (cc) willfully failed to comply with any such court order. (ii) An action referred to under clause (i) (I) is any action of refusing to register, removing from registration, transferring, temporarily disabling, or permanently canceling a domain name— (I) In compliance with a court order under section 43(d); or (II) In the implementation of a reasonable policy by such registrar, registry, or authority prohibiting the registration of a domain name that is identical to, confusingly similar to, or dilutive of another’s mark. (iii) A domain name registrar, a domain name registry, or other domain name registration authority shall not be liable for damages under this section for the registration or maintenance of a domain name for another absent a showing of bad faith intent to profit from such registration or maintenance of the domain name. (iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) based on a knowing and material misrepresentation by any other person that a domain name is identical to, confusingly similar to, or dilutive of a mark, the person making the knowing and material misrepresentation shall be liable for any damages, including costs and attorney’s fees, incurred by the domain name registrant as a result of such action. The court may also grant injunctive relief to the domain
  • 12. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3670                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant. (v) A domain name registrant whose domain name has been suspended, disabled, or transferred under a policy described under clause (ii) (II) may, upon notice to the mark owner, file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful under this Act. The court may grant injunctive relief to the domain name registrant, including the reactivation of the domain name or transfer of the domain name to the domain name registrant. (E) As used in this paragraph—(i) the term “violator” means a person who violates section 43(a); and (ii) The term “violating matter” means matter that is the subject of a violation under section 43(a). (Amended Oct. 9, 1962, 76 Stat. 773; Nov. 16, 1988, 102 Stat. 3943; Oct. 27, 1992, 106 Stat. 3567; Oct. 30, 1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-549.) TITLE VIII - FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS. AND DILUTION FORBIDDEN §43 (15 U.S.C. §1125). False designations of origin; false description or representation (a) (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, Shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act (2) As used in this subsection, the term “any person” includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional. (b) Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized. (c) (1) The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person’s commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to— (A) The degree of inherent or acquired distinctiveness of the mark; (B) The duration and extent of use of the mark in connection with the goods or services with which the mark is used; (C) The duration and extent of advertising and publicity of the mark; (D) The geographical extent of the trading area in which the mark is used;
  • 13. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3671                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (E) The channels of trade for the goods or services with which the mark is used; (F) The degree of recognition of the mark in the trading areas and channels of trade used by the mark’s owner and the person against whom the injunction is sought; (G) The nature and extent of use of the same or similar marks by third parties; and (H) Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register. (2) In an action brought under this subsection, the owner of the famous mark shall be entitled only to injunctive relief as set forth in section 34 unless the person against whom the injunction is sought willfully intended to trade on the owner’s reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner of the famous mark shall also be entitled to the remedies set forth in sections 35(a) and 36, subject to the discretion of the court and the principles of equity. (3) The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register shall be a complete bar to an action against that person, with respect to the mark, that is brought by another person under the common law or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label or form or advertisement. (4) The following shall not be actionable under this section: (A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark. (B) Noncommercial use of a mark. (C) All forms of news reporting and news commentary. (d)(1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person— (i) Has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and (ii) Registers, traffics in, or uses a domain name that— (I) In the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (II) In the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or (III) Is a trademark, word, or name protected by reason of section 706 of title 18, United States Code, or section 220506 of title 36, United States Code. (B)(i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to— (I) The trademark or other intellectual property rights of the person, if any, in the domain name; (II) The extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person; (III) The person’s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services; (IV) The person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name; (V) The person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;
  • 14. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3672                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (VI) The person’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person’s prior conduct indicating a pattern of such conduct; (VII) The person’s provision of material and misleading false contact information when applying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct; (VIII) The person’s registration or acquisition of multiple domain names which the person knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are famous at the time of registration of such domain names, without regard to the goods or services of the parties; and (IX) The extent to which the mark incorporated in the person’s domain name registration is or is not distinctive and famous within the meaning of subsection (c)(1) of section 43. (ii) Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. (C) In any civil action involving the registration, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. (D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant’s authorized licensee. (E) As used in this paragraph, the term “traffics in” refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration. (2)(A) The owner of a mark may file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name registry, or other domain name authority that registered or assigned the domain name is located if— (i) The domain name violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under subsection (a) or (c); and (ii) The court finds that the owner— (I) Is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action under paragraph (1); or (II) Through due diligence was not able to find a person who would have been a defendant in a civil action under paragraph (1) by— (aa) sending a notice of the alleged violation and intent to proceed under this paragraph to the registrant of the domain name at the postal and e-mail address provided by the registrant to the registrar; and (bb) publishing notice of the action as the court may direct promptly after filing the action. (B) The actions under subparagraph (A)(ii) shall constitute service of process. (C) In an in rem action under this paragraph, a domain name shall be deemed to have its sites in the judicial district in which— (i) The domain name registrar, registry, or other domain name authority that registered or assigned the domain name is located; or (ii) Documents sufficient to establish control and authority regarding the disposition of the registration and use of the domain name are deposited with the court. (D)(i) The remedies in an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the
  • 15. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3673                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  mark. Upon receipt of written notification of a filed, stamped copy of a complaint filed by the owner of a mark in a United States district court under this paragraph, the domain name registrar, domain name registry, or other domain name authority shall— (I) Expeditiously deposit with the court documents sufficient to establish the court’s control and authority regarding the disposition of the registration and use of the domain name to the court; and (II) Not transfer, suspend, or otherwise modify the domain name during the pendency of the action, except upon order of the court. (ii) The domain name registrar or registry or other domain name authority shall not be liable for injunctive or monetary relief under this paragraph except in the case of bad faith or reckless disregard, which includes a willful failure to comply with any such court order. (3) The civil action established under paragraph (1) and the in rem action established under paragraph (2), and any remedy available under either such action, shall be in addition to any other civil action or remedy otherwise applicable. (4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other jurisdiction that otherwise exists, whether in rem or in personam. (Amended Nov. 16, 1988, 102 Stat. 3946; Oct. 27, 1992, 106 Stat. 3567; Jan. 16, 1996, 109 Stat. 985; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-545)
  • 16. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3674                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Monitoring Trademark Infringements Trademark infringement is a threat to a successful product or brand. It not only attacks the direct revenue of the branded product, but also defames the product by offering poor quality products. It causes confusion for customers in choosing appropriate products, thus it is necessary for an individual to monitor these infringements. The following are the guidelines for monitoring trademark infringements:  Check whether the infringement has been caused by a distributor, employee, or customer  Check the third party who is involved in the infringement process  Government authorities should identify the problem in third-party trademark application filings and domain name registrations  Be up to date with the news, articles, and consumer’s comments through which an infringement can be solved in its initial stage  Analyze an infringement with the use of search engines  Make use of trademark infringement monitoring services such as CyberAlert, AdGooroo etc. for detailed monitoring Example: An organization has trademark as “WEED EATER” (successful brand product) and organization X has trademark “weedeater” (Infringer with a poor quality product). An unaware user, in need of a “WEED EATER” product might end up with a “weedeater.”
  • 17. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3675                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Key Considerations before Investigating Trademark Infringements The following are the key considerations before investigating the trademark infringements:  Look if the trademark owner has it registered or applied for registration in the country where the infringement has occurred  Check if the country is the member of Paris convention or the Madrid protocol  Check the existence and strength of the laws addressing infringement  Look for the availability of adequate and strong enforcement mechanisms  Check whether the trademark is in use in the relevant country or if it is vulnerable to cancellation
  • 18. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3676                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Steps for Investigating Trademark Infringements Trademark infringement is an illegal action that causes loss of fame and market value to the product. The steps for investigating trademark infringement are as follows:  Check the type of infringement that occurred  Investigate the infringement o Check if the trademark owner has prior rights with the scope of infringement o If the owner has prior rights, look for either a settlement or go for court proceedings o Obtain photographs and video footage outside the subject location i.e. property, area, buildings, signs, etc. o Obtain any available literature, brochures, business cards, and print-outs from any sales software available o Document any promotional program that is in use o Maintain a record of conversations with owner or employees
  • 19. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3677                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  o Do background research on the subject’s entity - local, county, state, and federal business registrations and licenses o Obtain video footage of on location using hidden cameras  Search for any article or advertisement related to the issue that was published in a newspaper or magazine  Obtain civil, criminal, and family or criminal background on the owners or business  Document the intellectual property of the business or owner  Investigate the history of the registration and license filed in the court  Check conversations with neighboring businesses or residents  Document pending changes that are noted during the investigation  Document and investigate new locations  Keep an updated record of changes in promotional programs for presenting the evidence in the court of law  Monitor changes after the proceedings in the court
  • 20. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3678                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.                  Copyright Infringement
  • 21. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3679                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Copyright According to USPTO, “Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished”. Though not compulsory to include copyright notice for works that are published for the first time after March 1, 1989; it is advisable to include one. The 1976 Copyright Act empowers the owner of copyright to reproduce and distribute the copyrighted work and prepare a derivative of the works. It also gives the owner of the copyright the right to showcase the copyrighted work in public as well as sell, and gives rights of the copyrighted work to others. The owner is also allowed to transfer the copyrighted work to a publication house and charge royalties from them. A copyright notice for visually perceptible copies should have the word “Copyright” followed by the symbol “©”, published date, and name of the author/owner of the entire copyright rights in the published work. Works published before March 1989 required a valid copyright notice to be protected under the laws governing copyright. From March 1st, 1989 the enforcement of copyright notice along with the works published was removed. Works published after this date need not have copyright notice to be protected by the copyright law.
  • 22. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3680                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Investigating Copyright Status There are three basic ways by which an investigator can investigate the copyright status of a particular work. 1. The first way is by examining the copy of the work to find elements that need to be included in the copyright notice. However, works published after March 1, 1989 need not have copyright notice along with the copyrighted work. So, the investigator has to do extensive research by using easily available tools such as the search engines for checking the status of the copyrighted work. 2. The second way by which the investigator can search for the status of the copyrighted work is by searching the database of the United States Copyright Office. The investigator can visit the URL of the U.S. Copyright office http://www.copyright.gov/records/. This search method is recommended for users who search the database occasionally. The search page is categorized into three categories according to the nature of works. If the investigator wants to search a particular document, he should click on the document tab. For an advanced search the investigator should use Library of Congress information System (LOCIS). The LOCIS usage guide should be read before connecting to LOCIS. LOCIS runs on command prompt. 3. The third way is to approach the United States Copyright Office to do a search for the requested category. After the request is made for a copyright search, the United State Copyright Officials will search the records for a fee of $75 per hour. A typewritten/oral report would be sent depending on the preference of the requester. While investigating, the status changes made under the Copyright Act of 1976, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, and the Sonny Bono Copyright Term Extension Act of 1998 must be considered. It is important that the investigator has a clear understanding of these mentioned laws. Overview of LOCIS: Library of Congress information System (LOCIS) is an online utility that helps an investigator/user to search for copyright records. LOCIS runs on a command prompt. There is a link on the web page to connect to LOCIS. Follow the onscreen instructions to search the database of LOCIS. Typing help at the command prompt shows the help screen at any point during the session. Information related to copyright, Braille and audio, and federal legislation can be obtained from the database.
  • 23. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3681                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   How Long Does a Copyright Last? The duration of a copyright is different for joint works, anonymous works, works that have pseudo names, or for “work for hire” kinds of works. In general, copyrights for works that are published after 1977 are valid for the life span of the author plus another 70 years after his or her death. Works published before 1923 in the USA are in the public domain. Copyrights for works published between 1923 and 1977 have a validity of 95 years from the date of first publication. Validity of copyright for joint works: Works done by two or more authors are called joint works. Validity of the copyright for these works is until the death of the last surviving author of that particular work and the next 70 years beyond. Validity of copyright for anonymous work/ pseudonymous works and “made for hire” works: The validity of copyright is for either for a period of 95 years from the year when the work was published or for a period of 120 years from the year when the work was created. The copyright for such kind of works is valid depending on whichever term expires. Renewal and extension of copyrights for “work for hire” kinds of works is for a term of 67 years by owner request.
  • 24. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3682                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   U.S. Copyright Office According to www.law.cornell.edu, Article 1, Section 8 of the U.S. Constitution empowers the Congress “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”. According to http://www.copyright.gov/, ‘The First Congress implemented the Copyright Law in 1790. In 1890 under the guidance of Librarian Ainsworth Rand Spofford, the Library of Congress centralized the copyright functions. In 1897 the U.S Copyright Office came into existence as a separate department of the Library of Congress, with Thorvald Solberg appointed as the first Registrar of Copyrights. The Copyright Office is located at 101 Independence Ave. S.E. in Washington, D.C and employs 500 people.’ Following are the missions of the U.S. Copyright Office:  To govern the copyright law  To create and maintain the public record  To impart technical support to Congress  To offer information service to the public  To serve as a resource to international and domestic communities  To provide support to the Library of Congress
  • 25. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3683                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   How Are Copyrights Enforced? The former President of the U.S.A., Bill Clinton, signed the Uruguay Round Agreements Act (URAA) on December 8, 1994. Under this agreement, the Notice of Intent to Enforce (NIE) came into existence. According to URAA, the owner of a restored work should notify the reliance parties if there is a plan to enforce copyrights for the particular work. A reliance party is an individual or business who uses the work when the status of the work was in the public domain, prior to the URAA agreement. The URAA directs the owner of a restored work of the right to confront the reliance party directly by providing an actual notice or by providing a constructive notice by filing a Notice of Intent to Enforce (NIE) with the United States Copyright office. A lawsuit can be filed against anyone who has violated the rights of the copyright owner. Infringers who violate the “fair use” doctrine and try to commercialize the work of copyrighted owners by portraying it as their own often have to face a lawsuit filed against them by the owners of the copyrighted work. In this regard, the copyright owner can:  Issue orders to prevent escalation of copyrights  Ask for compensation from the infringer for the damage done  Ask the infringer to pay the attorneys’ fees
  • 26. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3684                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Copyright Infringement: Plagiarism According to www.hyperdictionary.com, plagiarism “is an act of taking someone's words or ideas as if they were your own.” Plagiarism can prove costly, especially to students. They will be given a failing grade for a particular paper or a class etc. Paraphrasing original ideas without quoting the source is also an act of plagiarism. Examining the writing style, gray letters in the text while making printouts, poor layout formatting style, and references that do not exist on the web or which do not open online, are a few points by which one may conclude that the student has plagiarized his or her work. Paper mills Paper mills are online websites, which provide students with research works, completed documents on particular topics, essays, etc. There are paper mills that are available for free. The source of revenue for these websites is advertisements from various agencies that advertise on these sites. All a student has to do is give a username and email id to retrieve these resources. Following are the links for few paper mills available on the web: 1. http://www.cheathouse.com 2. http://www.essaysonfile.com 3. http://www.gradesaver.com 4. http://www.mightystudents.com
  • 27. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3685                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Types of Plagiarism Source: http://www.plagiarism.org/ Plagiarism is copyright infringement and committing it is recognized as a crime which has legal punishments. Plagiarism is categorized into various types depending upon their nature: 1. Sources not cited: a. Ghost writing: Entire work taken away from one source, without even altering key words or phrases b. Poor masking: Poor masking is changing the appearance of information by altering keywords or phrases but still the source admin is able to make out that information is taken from the source c. Photo copying: It refers to copying a few portions of information straight from one site without any alteration. d. Pot lucking: Using phrases from many sources, tweaking the sentences so as to fit them together, thus retaining most of the original phrasing (Content assembling) e. Laziness: Working on rewording or paraphrasing without concentrating on self research/original work f. Self plagiarizing: Copying information from previous works thus violating policies, rules, and regulations 2. Sources cited: a. Omitting or misguiding source: Avoiding to cite or misguiding the user to the resource b. Perfect paraphrasing: Perfect paraphrasing is citing the source and avoiding quotation marks for straight away copied information
  • 28. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3686                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Steps for Plagiarism Prevention Various steps to be followed for the prevention of plagiarism are as follows:  Know in detail the types of plagiarism  Understand the facts and myths about plagiarism  Cite the source if the information is directly taken from it  Quote the information if it cannot be reworded  Learn to paraphrase as it avoids plagiarism to an extent  Be aware of detection tools  Be aware of policies and procedures  Be aware of legal acts (penalties) taken if the information is plagiarized
  • 29. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3687                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Plagiarism Detection Factors Following are the plagiarism detection factors:  Change of vocabulary: If the vocabulary used by the author differs from the text that is taken into consideration, then it seems that the author has committed plagiarism.  Incoherent text: If the text is not in the proper style and it appears to be written by many people, the text may be entirely plagiarized.  Punctuation: If two texts are taken into consideration and the punctuation marks used in one text are the same as the other, plagiarism is said to be involved in it. It is not possible for two different authors to use the same punctuation marks while writing the text.  Dependence on certain words and phrases: If certain words and phrases are used by one author as well as by another author, then plagiarism is said to be involved, since different authors use various word preferences.  Amount of similarity between texts: If two texts written by various users share large amounts of similar text, then plagiarism must be checked for the texts.  Long sequences of common text: If you find long sequences of common words or phrases in the text, then it implies that the plagiarism is involved.  Similarity in the order of text: If two texts have the same order of words and phrases, then there is a possibility of plagiarism.  Frequency of words: If two texts contain the same frequency of words that is written by various authors, then plagiarism is said to be involved.  Common spelling mistakes: If an independent author makes the same spelling mistakes repetitively as found in another author’s work, it is a sign of plagiarism.  Distribution of words: The distribution of word usage by an independent author appears in the same fashion throughout the document as another’s work.  Syntactic structure of the text: If two texts written by various authors have similar syntactic structure, then plagiarism is said to be involved because different authors use different syntactic rules.  Preference for the use of long/short sentences: If the sentence is long and shows no meaning in the text, then it is believed that the author has combined the sentences copied from another text.
  • 30. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3688                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Readability of written text: If the same readability is found in the works of two different authors, then plagiarism is said to be involved.  Inadequate reference: If references appear only in the text, but not in the bibliography, then this type of plagiarism is said to be involved.
  • 31. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3689                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Plagiarism Detection Tools
  • 32. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3690                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Plagiarism Detection Tools There are three categories of plagiarism detection tools: 1. Tools to detect plagiarism in text a. Submit.ac.uk & CopyCatch are available free for higher educational institutions in the U.K b. Even helps in checking plagiarism in works submitted in MS Word, Corel Word Perfect/ documents in text format 2. Tools to detect plagiarism in source code a. JPlag helps in finding similar source code from multiple sets b. CodeMatch claims to have algorithm, which is superior to other tools 3. Tools which assist in the process of such data collection a. BOSS is an online submission system for assessing the work of students from Warwick University's computer science department
  • 33. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3691                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Turnitin Source: http://www.turnitin.com/ Turnitin is an online plagiarism detection tool mainly targeted at educators and students. Turnitin detects plagiarism by a comparative study of the work submitted to pages available on the Internet and its database. Key features include: 1) Plagiarism prevention: A plagiarism prevention system is a handy tool, which helps in identifying the plagiarized work of students. It is also acts as a deterrent by stopping plagiarism before it starts. 2) Peer review It is a utility that helps students review each other’s work. A peer review assignment is a collection of questions that require answers in the form of an essay. 3) Grademark This tool helps instructors in assessing works submitted by students without much hassle. Instructors can add comments to the submitted work without altering the formatting of the document. 4) Gradebook It is similar to a paper gradebook. Here the instructor can manage assignments and grade students in a more organized manner. 5) Digital portfolio It is an online achieving tool, which helps in tracking student records for academic purposes or for placements.
  • 34. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3692                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-1: Turnitin Screenshots
  • 35. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3693                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   CopyCatch Source: http://www.copycatchgold.com/ CopyCatch is gaining popularity in educational institutions and universities because of its immediate response in checking plagiarism. The Internet contains a plethora of information, making plagiarism more complex for teachers to recognize. Recognizing the source of copied material, or detecting similar work done by two students, has become more and more difficult, but CopyCatch provides the solution to the intricacies of plagiarism. CopyCatch’s accuracy in scanning documents enables teachers to detect plagiarized material in a few seconds. CopyCatch supports various formats such as rtf, doc and txt. After checking documents for plagiarism, this utility highlights the changes on the screen and saves them in rtf format. This tool does not require external a registration procedure for staff and students and there are no legal issues related to its usage. There have been advancements in functionality of CopyCatch that permit web-search comparison, zip archive submission, and course/module filtering. CopyCatch serves various purposes such as detection, deterrence, and investigation.
  • 36. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3694                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-2: CopyCatch Screenshot
  • 37. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3695                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Copy Protection System (COPS) Source: http://ir.shef.ac.uk/ The COpy Protection System (COPS) is an experimental working prototype of a copy detection system that can be used in a digital library. The COPS part of the project is to detect exact or partial copies of documents in the library due to the ease with which information can be copied and plagiarized. The system is technically referred to as a copy detection service and deals only with copy detection that contains documents in Tex, DVI and Troff format. These documents are converted into ASCII format before registration and similar document detection. The system looks for documents with significant overlap as well as exact copies. These documents are divided into sentences called units, and these sentences are further grouped together to form a series of sentences called chunks. These sentences are stored in a registration server that is simply a large hash table using standard hashing algorithm. These chunks are compared with the other documents to check whether the overlapping is done or not done. If the documents share a pre-set number of sentences then a violation is flagged. The possible violations that can occur between documents include plagiarism of a few sentences, exact replication of the document, and stages in between. Following is the COPS architecture:
  • 38. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3696                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-3: Working of COpy Protection System (COPS)  SCAM (Stanford Copy Analysis Mechanism) Source: http://ir.shef.ac.uk/ The system is designed for detecting plagiarism, copies, extracts, and strongly similar documents in digital libraries. The main objective for building the system was as a method for supporting the copyright of documents stored in a library to detect cases of unauthorized copying. The main difference between SCAM and COPS is that SCAM is a word-based scheme, whereas COPS was sentence-based. The problem with simply comparing sentences is that partial sentence overlaps are not detected. Functionality of SCAM: Test to ASCII DVI to ASCII Troff to ASCII Sentence identification and hashing Document Processing Query Processing Database
  • 39. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3697                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-4: Functionality of SCAM The documents are divided into words (units) and these are grouped to form chunks. The chunks are inserted into the repository in an inverted index structure and used to compare with new document arrivals. SCAM uses words as chunks for comparison, allowing the system to detect partial sentence overlap. SCAM uses a derivative of the Vector-Space Model to measure similarity between documents. This is a popular IR technique, and operates by storing the normalized frequency of words within the document as a vector. The vectors are then compared for similarity, using a measure such as the vector- dot product or cosine-similarity measure and a resulting value, if exceeding a pre-defined threshold, is flagged.  CHECK Source: http://ir.shef.ac.uk/ CHECK maintains a database for registered documents in order to compare them with the new document. With the help of Information Retrieval (IR) system, CHECK filters out the probable plagiarism candidates. Later the IR process is applied to sections, subsections, paragraphs, and finally to sentences. Comparison of two documents is mainly based on keywords because they identify the semantic meaning of the document. Computer programs are well structured and preserve the parse tree of the original program, even though changes were done to them. Finding plagiarism in a document is harder because the document protects the semantics of the original. However, it makes more changes when compared to the computer program. CHECK merges the weighted words into the parse tree to capture a better representation that is resistant to simple document modifications. It identifies the LATEX documents at the time of writing. CHECK works in the following ways:  Document Recognition: LATEX recognizer parses the documents and creates a new document tree  Keyword Extraction: IR techniques are used to extract the words. These words explain the semantics of the document. These words are classified into two classes. o Open-class: It consists of nouns, verbs, adjectives, and adverbs o Closed-class: It consists of prepositions, pronouns, conjunctions, and interjections  Generate Structural Characteristics: For each and every document, Structural Characteristic (SC) must be generated. It looks like a document that is mixed with an extracted set of keywords. Web Server Mail Server Bulk Loader Copy detection Engine Chunk er Parse r Postscript, HTML, Word, LaTex documents Mailing lists, Web pages and Netnews
  • 40. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3698                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   JPlag Source: https://www.ipd.uni-karlsruhe.de/ JPlag detects software plagiarism. It identifies the similarities between a multiple set of code files. It does not compare the bytes of the text. Yet it knows about the programming language syntax and program structure. So, it can easily distinguish the similarities between plagiarized files. Features of JPlag:  It supports programming languages like Java, C and C++. It also supports scheme and natural language texts.  It detects and discourages the copying of student exercise programs, which are not allowed in programming education. It also detects the stolen software parts between source files and texts that are slightly modified.  It is used frequently by expert witnesses for cases based on intellectual property.  It has a powerful graphical interface to display the results. Figure 42-5: JPlag Search Result
  • 41. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3699                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   VAST Source: http://cise.lsbu.ac.uk/ Visual Analysis of Similar Tool (VAST) offers an interactive visualization of the overlapping of two different documents and highlights the areas that are plagiarized. It is used to investigate the extent and similarity of the text that is detected by the tools like PRAISE. This tool is set to 1000 pixels wide and 800 pixels long, because it displays the image and the documents with ease. VAST needs this space to comfortably display the image and the documents. The amount of space allocated to the various parts of the interface can be adjusted by dragging on the dividing bars. Figure 42-6: VAST Screenshot In the current version the only way to load documents into VAST is to paste them into the upper and lower text windows on the right-hand side of the tool.
  • 42. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3700                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-7: VAST Screenshot In this image, the upper document was downloaded from the web and the lower document was an assignment submitted by a computing student. Once two documents have been pasted, the type of image can be selected and pressing the Create Image button will start the generation of the image. The default image type is Unsequenced which ignores the sequence in which words common to both documents appear. The alternative is Sequenced which includes this information. However, the sequenced option takes significantly longer to prepare. Two totally identical documents would generate a square image with a single dark band along the prime upper-left, lower-right diagonal. This image indicates that the start of both documents is similar; following which there is some non similar material in the lower document. The two areas mirrored across the diagonal suggest some simple rearrangement of the web upper document in the lower document, following which there is a long similar section. The document ends with some original material in the lower document before another small similar section. Projecting the dark areas onto a horizontal line indicates how much of the upper document appears in the lower one. Likewise, a vertical projection indicates how much of the lower document appears in the upper. The markee, displayed as a red rectangle, can be moved by dragging on the solid rectangle at the top left- hand corner. It can be resized by dragging on the open rectangle in the lower right-hand corner.
  • 43. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3701                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-8: VAST Screenshot
  • 44. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3702                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Software Similarity Tester (SIM) Source: http://portal.acm.org/ Software Similarity Tester (SIM) is used to detect the similarity between two computer programs. It is used to detect plagiarism among homework programs. It examines the correctness, style, and uniqueness of the program. It was first developed to detect the similarity between DNA strings. Functionality of the SIM It is implemented with 1780 lines of C++ and 393 lines of TCL/Tk. Each input C source file is passed to the lexical analyzer to generate a compact structure in terms of streams of integers known as tokens. Each token symbolizes either arithmetical or logical operations like a punctuation symbol, a C macro, a keyword, a numeric or string constant, a comment, or an identifier. After the two source files get tokenized, the token stream of the second program is divided into sections. Each section represents the module of the original program and each module gets support with the token stream of the first program separately. This technique enables SIM to detect the similarity even if the positions in the module are changed. By using the following scheme the actual alignment is scored:  a match involving two identifier tokens scores 2; other matches score 1  a gap scores -2  a mismatch involving two identifiers scores 0; other mismatches score -2 The total alignment score is calculated from the individual score for each block and then it is normalized.
  • 45. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3703                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-9: Working of Software Similarity Tester  Urkund Source: http://www.urkund.com Urkund provides a completely automated system that solves the problem of plagiarism. This works when students submit their documents to the teacher in the form of email. These are checked against three main sources like an Internet web page, published material, and the documents that are presented by the students. If any document appears to be similar to another, then the system will mark this as plagiarism. After checking the documents, an overview of the document is sent to the teacher in the form of an email. Then the teacher makes a decision according to the analysis of the document. The following are the features of Urkund:  Quotation: It exempts the quotations from comparison.  Scalability: It is scalable to handle the peaks that are in use.  Security: It provides safe, physical operational security based on the regularity and reliability of the system. Compatibility: The Urkund system is designed to be easily integrated with other administrative and pedagogical systems like FirstClass, SharePoint, Fronter, Blackboard, and Ping Pong. It handles the documentation of several types of word processors. It also processes 300 different types of files.  WCopyfind Source: http://plagiarism.phys.virginia.edu/ WCopyfind examines a collection of document files. It extracts the text portions of those documents and looks through them for matching words in phrases of a specified minimum length. When it finds two files that share enough words in those phrases, WCopyfind generates html report files. These reports contain the document text with the matching phrases underlined thus helping the user know where the plagiarism is. It can handle text, html, and some word processor files (Microsoft Word documents in the old .doc format, but not the new .doc format). Source File Source File Scanner File1 Token Array File2 Token Array Tokens Tokens Function Separator Program Tokens Function Block Tokens Block Scores Alignment Sigma Normalized Score Output
  • 46. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3704                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Glatt Source: http://www.plagiarism.com/  The Glatt Plagiarism Screening Program (GPSP) is the first comprehensive computer software program specifically designed for detecting plagiarism. The features of the Glatt plagiarism screening program are as follows:  Easy to use  Time and cost effective  Objective testing  Statistically valid  Complete accountability  Liability safeguard  Deterrent to plagiarists
  • 47. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3705                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Plagiarism in University Environments: Special Interest Group (PLAGUE) Source: http://www.csse.monash.edu.au/ http://www.csse.monash.edu/ PLAGUE or Plagiarism in University Environments offers a flexible, open, reusable repository of resources assisting students and academics in detecting plagiarism and protecting themselves against it. The following are included while detecting plagiarism:  Comments and layout  Case  Identifier replacement  Program output variations  String/character constant variations  Order of functions, classes  Order of case/if-else branches  Redundant syntax  Lexical token streams  Artificial bias resulting from tight specifications or reusable exercise templates
  • 48. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3706                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   SPlaT Source: http://splat.cs.arizona.edu/ SPlaT checks all the documents to ensure that there is a similarity between them. After the completion of checking, these documents are reported to the persons to identify if they are truly fraudulent papers or not. It is designed to generate warnings for those who make plagiarized documents. It functions in three modes:  Web spider mode: SplaT crawls through the websites of any department in the organization and downloads the research papers to search for the plagiarism.  Reviewer's workbench mode: SPlaT compares a paper under review to a record of the author's previously published articles extracted from their web site and online article repositories  Author mode: SPlaT allows authors, who are wary of committing self-plagiarism, by reusing one’s own previously published text, by accident, to check a new paper against their previous publications.
  • 49. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3707                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-10: SPlaT Screenshot Local Search allows you to compare files already downloaded into a directory. Simply select the directory via the Browse button, or enter it manually. Select GO to compare all the files in the specified directory. You will see messages displayed in the log box in the bottom of the screen. When the comparison is complete, a window with the results will be shown.
  • 50. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3708                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-11: SPlaT Screenshot The results page is launched in a new window. It will show a list of all comparisons that had non-zero overlap. You may sort them alphabetically or by cheat amount. Clicking on any entry will show the two files side by side with the overlaps highlighted. Figure 42-12: SPlaT Screenshot
  • 51. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3709                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Sherlock: Plagiarism Detector Source: http://www.cs.usyd.edu.au/ Sherlock finds the similarities between textual documents. It uses digital signatures for finding a similar piece of the text in the documents. A digital signature is a number that is formed by turning several words in the input into a series of bits and joining those bits into a number. It works with text files like essays, computer source code files, and assignments that are in digital form. It will even work with Tar files, but not with compressed archives such as Gzipped or Zipped files. It is a command-line program. So, you can run it from an xterm or DOS window. The following commands show the usage of Urkund:  Sherlock *.txt o This compares the text files in the directory and produces a list of files that are similar  Sherlock *.java o This compares the source files in the directory  Sherlock *.java > results.txt o This creates a file called “results.txt” that contains results There are several command-line options to Sherlock:  -t threshold%: This controls how similar files must be before they will be mentioned. Increase this to 50% or higher if you only want to see very similar files. The default is 20%  -z zerobits: This controls the "granularity" of the comparison. The higher this number, the cruder the comparison but the faster it will proceed. The lower this number, the more exact the comparison, but it will be slower, and it may be harder to detect plagiarism because small changes will fool the program into thinking the files are different. The default is 4, but the number can range from 0 to 31.  -n number_of_words: This controls how many words are used to form one digital signature. This also contributes to the granularity of the comparison. A higher number is slower while a lower number is less exact. The default is 3 words, which works fine in most cases.  -o outfile: If using Windows it may be difficult to specify an output file on the command line. Use this option to specify the output file.
  • 52. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3710                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.    Figure 42-13: Sherlock Screenshots
  • 53. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3711                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   PRAISE Source: http://cise.lsbu.ac.uk/ PRAISE is an intra-corporal similarity detection and visualization tool. It examines all the documents that are collected and plots them on a tork in a sequence determined by gross non-originality. A group of documents that are associated with a particular document are highlighted. And a pair of documents is selected for further investigation in VAST. It works with plain text files, MS Word, and HTML documents.
  • 54. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3712                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42-14: PRAISE Screenshots
  • 55. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3713                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   SafeAssignment Source: http://www.safeassignment.com/ SafeAssignment prevents plagiarism and checks for the originality of text in the academic environment. It helps the educators provide an effective solution for checking originality and deterring plagiarism within academia. It works with papers, in which students make use of this technology to find the unoriginal content that includes paraphrases and altered text. It compares the student text with other text, sentence by sentence, in order to determine whether the sentences are taken from the Internet or from its databases. In other words, it creates convenient and easy-to-read reports, where all the unoriginal content is highlighted and is linked to the Internet and its databases. Figure 42.2: Safe Assignment (Source: https://blackboard.uic.edu/) Originality detection process by SafeAssignment: The originality detection process is simple for both faculty and students and entirely automatic once the parameters of plagiarism-checked assignments have been set by instructors. Designed not only for control but also for learning, SafeAssignment can be configured by instructors to let students submit drafts of their papers and view their own SafeAssignment reports, bringing all instances of unintentional
  • 56. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3714                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  plagiarism to students’ attention. Instructors can also choose if students should be able to submit their papers only once or resubmit them as many times as necessary before the due date. Features:  Powerful Plagiarism Detection Algorithm: SafeAssignment is based on a unique text- matching algorithm that is capable of detecting even inexact matching between a plagiarized paper and its source. This capability makes students learn to cite information sources properly instead of trying to disguise plagiarism by paraphrasing.
  • 57. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3715                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Close Integration: SafeAssignment integrates all elements of the MyDropBox Suite and automatically checks for plagiarism on all papers submitted via MyDropBox. For example, when an instructor creates a "Safe Assignment," its due date is automatically marked in the online calendars of all students that have to submit the assignment, a corresponding entry in the online Gradebook is created, SafeAssignment originality reports are generated on all submitted papers, and all assignment-related information is archived after the corresponding course is over — all without any instructor or technical staff involvement.  Emphasis on Teaching: SafeAssignment is focused on teaching students to avoid plagiarism rather than on just identifying offenders. SafeAssignment's "Draft Assignment" and "Student Report" features give students an opportunity to submit drafts of their papers for checking and receive SafeAssignment reports highlighting all text that has to be referenced. This learning mode of SafeAssignment can be enabled by instructors and is very effective in preventing unintentional plagiarism.
  • 58. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3716                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   EVE2 (Essay Verification Engine) Source: http://www.canexus.com/ EVE2 is a very powerful tool that determines if information is plagiarized from the World Wide Web. It accepts essays in plain text, Microsoft Word, or Corel Word Perfect formats and returns links to web pages from which material may have plagiarized. It has been developed to be powerful enough to find plagiarized material while not overwhelming the user with false links. Eve2 performs a large number of complex searches to find material from any Internet site. While it would be technically impossible with today's technology to build a program that could check every website on the entire Internet, EVE2 comes as close as possible by employing the most advanced searching tools available to locate suspect sites. Not only does it find these suspect sites, it then does a direct comparison of the submitted essay to the text appearing on the suspect site. If it finds evidence of plagiarism, the URL is recorded. Once the search is completed, a full report on the papers that containplagiarism, including the percent of the essay plagiarized, and an annotated copy of the paper showing plagiarism highlighted in red is presented to the superior. Processing occurs only when the tool is online and once the processing is finished, it will display a results window automatically. The features of EVE2 are as follows:  It accepts essays in plain text, Microsoft Word, or Corel Word Perfect format and returns links to web pages from which material may have plagiarized  It takes care to not provide a large number of false links  It performs complex searches, which is manually a tough job  It compares the current essay with the text on the site  It records the URL from which the content seems to be plagiarized
  • 59. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3717                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Figure 42.15: EVE2 (Source: http://www.ascilite.org.au/)
  • 60. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3718                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   iThenticate Source: http://static.ithenticate.com/ iThenticate provides plagiarism prevention services to publishers, corporations, law firms, and other professional establishments around the world. It compares documents to a publications database comprised of over 10,000 major newspapers, magazines, and journals. It is designed to provide service for corporate organizations. Figure 42-16: iThenticate Screenshot
  • 61. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3719                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 62. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3720                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Dupli Checker Source: http://www.duplichecker.com/ http://www.duplichecker.com/ is one of the online plagiarism detection tools that is freeware. The following are the instructions for using this online web plagiarism checking software:  Type the phrases or add the article that needs a plagiarism check in the box (space provided)  After choosing the quote or without quote options and the search engine, hit the search button  The new search page will show the results after breaking each sentence automatically against the website pages already indexed  Press the back button to search the next article
  • 63. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3721                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 64. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3722                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   http://www.plagiarismdetect.com/ Source: http://www.plagiarismdetect.com/ www.plagiarismdetect.com is a service that offers free online detection of plagiarism. The steps to detect plagiarism are as follows:  Sign up or sign in  Copy and paste your content in the text field or upload a file in such formats as .txt or .doc  Click analyze and the system will compare your text with the data of search engines  The user can look at the results and see a plagiarism percentage, as well as all the links of sources where plagiarism was found
  • 65. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3723                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   http://www.plagiarism.org.uk/ Source: http://www.plagiarism.org.uk/ www.plagiarism.org.uk is part of the Forensic Linguistics Institute. It is one of the web's longest serving anti-plagiarism sites. Anti-plagiarism checklist:  It does a brief study of the field in which you have undertaken your research  It compares your research aims and the current research profile of the field  It compares your conclusions with what is already publicly available on the Internet  It offers a search for collocations of your keywords  It checks to see that important quotes have been properly referenced  It reports on any extent to which your work appears to infringe on existing works  It issues a certificate reporting the work that is undertaken
  • 66. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3724                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 67. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3725                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Patent Infringement
  • 68. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3726                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Patent A patent is a property right granted to the inventor by the Government "to exclude others from making, using, or selling the Invention”. The Patent and Trademark Office issues it. A patent is effective for up to 20 years from the date on which the patent application is filed. According to the patent law, patent is granted on the new article, not on the suggestions that claim to implement those ideas to make the article. Any article, process, or manufacture that claims patent is required to prove its usefulness. According to UCAR office of General Counsel, Patent law says that an invention cannot be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States.” Types of patents:  Utility patent - granted to an individual who discovers or invents a new machine, process, useful composition of matter, or manufactured item. For example: o Process: fraction distillation of petroleum o Manufactured item: paper, calculator o Composition of matter: alloys, drugs o Machine: motorbike, car  Design Patent: Design patent is granted to the individuals who invent a new original design for an article to be manufactured. It protects the appearance of an article. For example: computer cabinet, container.  Plant Patents: According to www.ipwatchdog.com, ‘Plant patents may be granted to an individual who invents, discovers, or asexually reproduces a new variety of plant’.
  • 69. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3727                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Patent Infringement According to Wikipedia.com, “patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the right holder, without the owner's approval or in disagreement with the terms of use given by the owner. Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take action in equity or in law such as an injunction or lawsuit against those who did the infringement. In U.S. law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported the infringing invention or its equivalent. No infringement action may be started until the patent is issued.” Infringement can be classified as:  Direct infringement – Any individual responsible for selling, using, or making a patented creation is known as a direct infringer  Indirect infringement – Any person who instigates another person to sell, make, or use a patented invention is liable to fall under the category of indirect infringer.  Contributory infringement – This act involves participation in making or supplying products that are meant for patented invention. Resolving patent infringement is a two-step process that involves:  Analysis of claims by going through all patented documents  Verifying the claim for its authenticity. In this step, the device or process that is claimed is validated to establish the accuracy of the claim.
  • 70. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3728                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Types of Patent Infringement Patent infringement is unauthorized utilization of a patented invention. There are various types of patent infringements and they are broadly classified as follows:  Direct Infringement  Indirect Infringement  Contributory Infringement Direct Infringement- Direct infringement is patented invention being used in an unauthorized way. There are two types of direct infringement, which are as follows: Literal infringement: This occurs with each limitation in the asserted claims present in the accused device. Infringement under the doctrine of equivalents: This occurs when the difference between the patented device and the accused device becomes insubstantial. Indirect Infringement- Indirect infringement is encouraging third person to make, use, or sell the patented invention without getting permission from the owner. Contributory Infringement- Contributory infringement is knowingly selling or using a patented invention in an unauthorized way.
  • 71. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3729                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Patent Search A seven-step strategy is proposed by USPTO for patent search. Following are the steps involved in the design proposed by USPTO for patent search:  Index to the U.S. Patent Classification - It is an alphabetical index in which one can view the general terms depicting the invention and its function, effect, end-product, structure, and use. One can note class and subclass numbers and can then refer to the Manual of Classification.  Manual of Classification - Class and subclass numbers noted down earlier can be referred to find out where the terms fall within the U.S. Patent Classification System. Search the entire class and give importance to the dot indent.  Classification Definitions - Go through the definitions to establish the relevancy of class (es) and subclass (es) to the search. The definitions comprise important search notes and suggestions that can be referred to in further search.  Browse Patent Titles and Abstracts - Inspect whether search is in the right direction or not. If not, redirect the search and find out lists of patents and published applications containing the keywords to initiate the search again.  Retrieve Subclass Listing - Retrieve a list of all patent numbers (granted from 1790 to the present), once the relevant classes or subclasses are identified.  Official Gazette - Patent Section - Refer to the Gazette section and find out ideal claim(s) and a representative drawing for all patents on the list(s). This step will eliminate unrelated patents. Published applications can be viewed online.  Complete Patent Document - Examine the complete text and drawing(s) of relevant patents and compare it with your invention. This will help in determining similarities and dissimilarities in your invention and published patents.
  • 72. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3730                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   http://www.ip.com Source: http://www.ip.com/ Over time, many organizations discovered the increasing costs of technical disclosures. Though many strategies were developed to cut down these costs, they were unsuccessful. This is due to inadequate outlets of organizations to release their disclosures in a timely and cost-effective manner. Even if the individual companies published their disclosures, minor changes will be observed by the patent examiners since they lack single, globally accessible, and publicly searchable databases. IP.com Prior Art Database was designed to ease such problems. It provides innovative companies with a fast and effective way to publish their innovation into a single, publicly searchable, library indexed collection of prior art. In addition to providing ease of use, the IP.com Prior Art Database has extensive safeguarding measures to provide evidence of the document’s integrity and date stamp in the event you need to present it at trial.
  • 73. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3731                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   How ip.com works? Source: http://www.ip.com/ Getting your innovation published as prior art with IP.com is simple, it is easy to overlook everything that goes on "behind the scenes" at IP.com. IP.com takes a number of steps to increase the value of the documents, such as making the contents automatically searchable, and providing solid fingerprinting and date-stamping in order to ensure your ability to use IP.com records if you need to defend yourself at trial.  Step 1: A disclosure is prepared o A disclosure is prepared using everyday business software (Example: pdf, Word, text format)  Step 2: Upload your file(s) o Upload your files, along with some bibliographic information about your file to the servers at IP.com  Step 3: Files are scanned and digital fingerprints are generated o Each file receives a digital fingerprint. Fingerprints provide a digital signature of a file's contents.
  • 74. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3732                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Step 4: Text Extraction o Your primary file is automatically scanned for searchable text content which gets extracted from your document, in order to make your document searchable  Step 5: Ip.com Bundling o Additional IP.com-generated information is bundled with your document into a single zip file.  Step 6: Assigning IPCOM numbers o The newly generated package (the zip file) is assigned a permanent IPCOM number. IPCOM numbers are assigned to uniquely identify protected files at IP.com.  Step 7: Publishing o Your new disclosure is published and available online via the IP.com site, and you receive notification of the event.
  • 75. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3733                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Domain Name Infringement James started his new online business. He spent a lot of money and effort to make his website eye - catching. Everything was going fine until he received an email from a prominent company accusing him of the trademark infringement. That email asked him to transfer the domain name to the company and pay all damages equal to profit earned by his business. Anybody can be in the same situation if they do not put their efforts into investigating whether the desired domain name is identical to an existing trademark or not. Domain names creating confusion regarding affiliation of a trademark holder with them can fall prey to infringement. Any company that has already registered a trademark has the right to protect its trademark. It can also give notification to any company that is infringing its trademark. . In the end scenario, responsibility lies with the domain name registrant to comply with trademark laws. Domain name infringement can be avoided if the domain name registrant checks whether their trademark is infringing upon another’s trademark. If not, he or she can register a trademark. Consulting an attorney familiar with the Internet, trademarks, and the laws prior to domain name registration is another way to prevent domain name infringement. Visit http:/ ess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk and research the trademark regulations to find out whether you hold a pre-existing trademark or domain name, and gain knowledge about your rights before registering a domain name to avoid unwanted litigation.
  • 76. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3734                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   How to Check For Domain Name Infringement A potential domain name proprietor can avoid the risk of trademark infringement if he or she conducts a thorough investigation before registering a trademark. Following are a few steps that can minimize the chances of litigation:  Step 1: Use popular search engines such as Google to find out whether a domain name is already in use or not. Thoroughly examine all the links that could contain the domain names identical to the desired name. This search can display all the businesses or services that have similar domain names. If the desired domain name is already registered, one can seek another domain name.  Step 2: Search Whois.net to find out if any other business contains text identical to your domain name. Domain Surfer can also be utilized for a text string search. Domain Surfer is a website dedicated to help trademark owners and prospective domain name owners do a quick search to determine if a domain name is already registered.  Step 3: Examine Trademark Electronic Search System (TESS). This database contains trademarks and service marks that are all federally registered. It also contains dead or dumped trademarks and service marks and all pending applications for trademark registration.  Step 4: Engage an efficient search firm to do a national trademark, service mark, and domain name search. Search firms such as Thomson & Thomson do a comprehensive search and provide all results in a written report.  Step 5: Appoint a trademark attorney to perform all activities described in the above steps. Domain name registration requires skills and knowledge to interpret trademark laws and give answers to questions such as whether a desired domain name will infringe upon another’s trademark, etc. Hiring a trademark attorney can avoid such confusion as he or she can determine if any infringement problem can occur based on the facts and circumstances of a prospective domain name.
  • 77. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3735                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Intellectual Property
  • 78. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3736                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Intellectual Property Intellectual property is the product of intellect that includes copyrights and trademarks for commercial use. It is protected through various copyright, trademark, and patent laws. It is broadly classified into two types, which are as follows:  Copyright: A product of intellect that includes literary and artistic works  Industrial property: Product of intellect that includes patents, trademarks, industrial designs, and geographic indications of the source
  • 79. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3737                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Investigating Intellectual Property Theft It includes the theft of:  Unregistered trade secrets  Copyrighted, patented, or registered works  Trademark violations  Confidential proposals  Confidential work papers  Technical notes  Strategic business planning  Gray market distributions  Counterfeiting  Illegal distributions  Unauthorized product diversions  Trade names or partials
  • 80. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3738                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Steps for Investigating Intellectual Property Theft The following are the steps for investigating intellectual property theft:  Check out the type of theft  Look for clues that indicate theft of intellectual property o Perform a plagiarism check o Check whether theft is from a single source or from more than one o Check if there is a lack of references or quoting for referred information o Check if the information is directly taken from a source  Search and find the source of the theft  Use detection tools or various plagiarism detection tools for citing a source  Check for unauthorized sharing of software  Document all the information for further reference
  • 81. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3739                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Digital Rights Management
  • 82. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3740                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 83. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3741                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Digital Rights Management (DRM) DRM is access control technology used by manufacturers, publishers, and copyright holders to limit the usage of digital devices or information. It describes the technology that allows unauthorized distribution and usage of content, media, or devices. Thus to avoid this, it is even used by content provider companies such as Microsoft, Apple, BBC, and Sony. With the help of the Internet and file sharing tools, it has become fast and easy for unauthorized distribution of the copyright material, but if the organizations use DRM, it will not be possible for the user to distribute these materials without authorization. DRM technologies offered publishers with laws that prevent copyright infringement. It enforces lawful fair use of copyright material and usage of non-copyright material. With pros and cons, it has been adopted by the entertainment industry, online music stores, and e-book publishers. DRM involves:  Users: Users pay for the content and gain it through their provider  Content provider or Internet service provider (ISP): The provider takes the billing list from the DRM center and sends authorized or encrypted content to the user  Payment gateway: This takes payment requests from the DRM center and sends an approval of payment  DRM center: This takes content request from the user after payment approval and then sends the billing list to the content provider or ISP and user’s authentication to the user
  • 84. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3742                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Windows Media Digital Rights Management Source: http://www.microsoft.com/ Windows Media Digital Rights Management (DRM) is a proven platform to protect and securely deliver content for playback on computers, portable devices, and network devices. The latest version offers increased flexibility to support a wide range of business models that provide consumers even greater access to protected audio and video content. The following are the features of Windows Media Digital Rights Management:  It ensures the security of premium content  It offers persistent protection and strong encryption  It secures the audio path  It offers easy to change licensing terms  It provides license chaining for the playback of media files (both for PC playback and portable device playback)
  • 85. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3743                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 86. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3744                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Media-DRM Packager Source: http://www.media-drm.com/ Media-DRM Packager is a Windows application that encrypts media files. It reads all the DRM license profiles and rights settings defined in a Media-DRM account. It uses a wide range of cryptographic and anti-piracy techniques to protect digital media content and its own integrity. The features of Media-DRM packager are as follows:  Encrypts the content  Reasonability of setting own rights  Integrates with the system
  • 87. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3745                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Haihaisoft Media DRM Packager Source: http://www.media-drm.com/ Haihaisoft Media DRM is a service platform based on Windows media technology and the web. It enables the secure deployment of digital audio and video media. It provides Media-DRM packager, online management account, and integrated support for the Live Windows media 9 encoder with a drop-in. The features of Haihaisoft Media DRM packager 2.0.3 are as follows:  It helps the consumer to find, acquire, and play content virtually anywhere  It helps content owners protect their digital media content by packaging files with robust encryption algorithms  It helps content owners and content service providers experiment with new business models Haihaisoft Media DRM enables content owners to securely package their digital files for distribution by encrypting the content with a key. The key is a piece of encrypted data that is used to unlock a file. To play a packaged file, the consumer must obtain a license that contains this key. The license, which is distributed separately from the content, enables the content owner to set rules that determine how the packaged file can be played. Once a license has been received, a consumer can watch or listen to the file based on the rules arranged by the content owner.
  • 88. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3746                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 89. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3747                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   DRM Software for Copy Protection Source: http://www.locklizard.com/ LockLizard is a DRM (digital rights management) company that specializes in document security and copy protection for pdf, flash, ebooks, and web based content. It protects information with U.S. Government-strength encryption and DRM controls to ensure complete protection against copyright piracy. It stops copying, prevents printing, disables print screen, expires content, and instantly revokes access to information. It is aimed both at publishers and companies that share/sell intellectual property (where a higher degree of security and control is required). It provides copyright protection without the use of passwords to ensure maximum security, and to protect information, documents, and web content from unauthorized use and misuse no matter where it resides. It can control who uses content, what they can do with it, and how long they can use it for. Through this DRM software, user can achieve pdf document security, web content protection, and software copy control. Lizard Safeguard PDF security is for publishers of high value or confidential information published in a PDF format, whether for sale to the public or internal control and protection, where a higher degree of security and control is required. It controls who views and prints users’ secure PDF documents.
  • 90. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3748                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Lizard Protector Web Content Security protects your IPR and your company’s revenue stream by ensuring your web content is always under your control. It is for publishers that share or sell web based content where a higher degree of security and control is required - beyond simple password protection.
  • 91. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3749                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Lizard Guardian software copy protection ensures complete software copy prevention and license control including time limited trials and subscription licensing. It is tightly bound to user applications. It does not use separate files but is built into user’s applications and provides real-time licensing control.
  • 92. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3750                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   IntelliProtector Source: http://intelliprotector.com/ IntelliProtector is a software activation service with a web-based control panel that helps you reduce a form of piracy known as “casual copying.” Casual copying is a common form of piracy characterized by the sharing of software between people in a way that infringes on the software’s end-user license agreement (EULA). Casual copying is very prevalent today and accounts for a large portion of the economic losses due to piracy. IntelliProtector enables you to distribute your software securely over the Internet, on CD-ROMs, and DVDs. It ensures that each copy of your digital product is used in compliance with your license terms and is not shared or used simultaneously on more than one computer. The service provides you with such handy options as powerful reporting, detailed statistics, automatic license keys management, and resellers administration. The features of IntelliProtector are as follows:  It provides protection against piracy: The Protector software encrypts everything: the code of the software, Internet activation, and delivery of the license code. To achieve the best protection,
  • 93. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3751                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  IntelliProtector protection engine provides a set of APIs to integrate the protector with the software code.  It creates time-limited and featured-limited trials: With IntelliProtector you can create time- limited or feature-limited trials. To restrict some features, simply encrypt the code available only for the registered version and that’s it. When the end-user tries to use the restricted feature, the software will show the Purchase dialog.  It blocks license violators automatically: has a sound protection against carders. If the license code needs blocking, you don’t need to recompile a product. Just log in to the web-panel and block the code. Nobody will be able to use the code again even with the carded software version. Besides, IntelliProtector allows you to set up a filter that will deny activations of the license code if they exceed the predefined number of activations from different computers. If this is the case, IntelliProtector blocks the key automatically and sends the notification to the vendor.  It is integrated with all popular payment processors: It works with all well-known registration services, such as Regnow, 2Checkout, BMTMicro, Plimus, Swreg, Emetrix, and ShareIt.  It has additional layer of protection: It has a special option - automatic delayed delivery of the license code, which may increase protection against fraud. The option can be enabled from the web-panel where you can also customize the settings for a delayed period.  It offers powerful reporting and statistics: The web interface lets you see detailed statistics delivered in reports and charts and even tracks software activations and registration by country. To see the efficiency of advertisements, you can generate advertisement reports to see the number of activations and registrations for a particular period of the advertising campaign.
  • 94. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3752                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 95. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3753                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.      Laws for Trademarks and Copyright
  • 96. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3754                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   U.S. Laws for Trademarks and Copyright Source: http://www.copyright.gov/  The Digital Millennium Copyright Act (DMCA) of 1998: This Act was signed into law and passed on October 28, 1998 by President Clinton. It gives you the overview of all the law provisions and is subdivided into five titles: o WIPO (World Intellectual Property Organization) Copyright and Performances and Phonograms Treaties Implementation Act of 1998 implements the WIPO treaties. Article 11 of the WCT (WIPO Copyright Treaty (WCT) states: Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law. Article 12 of the WCT provides in relevant part: Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention: (i) to remove or alter any electronic rights management information without authority; (ii) to distribute, import for distribution, broadcast, or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority. New section 1202 is the provision implementing this obligation to protect the integrity of Copyright Management Information (CMI). The scope of the protection is set out in two separate paragraphs, the first dealing with false CMI and the second with removal or alteration of CMI. Subsection (a) prohibits the knowing provision or distribution of false CMI, if done with the intent to induce, enable, facilitate, or conceal infringement. Subsection (b) bars the intentional removal or alteration of CMI without authority, as well as the dissemination of CMI or copies of works, knowing that the CMI has been removed or altered without authority. o Online Copyright Infringement Liability Limitation Act
  • 97. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3755                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Title II of the DMCA adds a new section 512 to the Copyright Act3 to create four new limitations on liability for copyright infringement by online service providers. The limitations are based on the following four categories of conduct by a service provider: 1. Transitory communications; 2. System caching; 3. Storage of information on systems or networks at the direction of users; and 4. Information location tools. o Computer Maintenance Competition Assurance Act: Title III expands the existing exemption relating to computer programs in section 117 of the Copyright Act, which allows the owner of a copy of a program to make reproductions or adaptations when necessary to use the program in conjunction with a computer. The amendment permits the owner or lessee of a computer to make or authorize the making of a copy of a computer program in the course of maintaining or repairing that computer. The exemption only permits a copy that is made automatically when a computer is activated, and only if the computer already lawfully contains an authorized copy of the program. The new copy cannot be used in any other manner and must be destroyed immediately after the maintenance or repair is completed. o Miscellaneous provisions: Section 401(b), adds language to section 701 of the Copyright Act confirming the Copyright Office’s authority to continue to perform the policy and international functions that it has carried out for decades under its existing general authority. o Vessel Hull Design Protection Act: Title V of the DMCA, entitled the Vessel Hull Design Protection Act (VHDPA), adds a new chapter 13 to Title 17 of the U.S. Code. It creates a new system for protecting original designs of certain useful articles that make the article attractive or distinctive in appearance. For purposes of the VHDPA, “useful articles” are limited to the hulls (including the decks) of vessels no longer than 200 feet. Source: http://www.lectlaw.com/files/inp25.htm  The Lanham (Trademark) Act (15 USC §§ 1051 - 1127): This Act was signed into law and was first passed on July 5, 1946 by President Harry Truman. It concerns activities like trademark infringement, trademark dilution and false advertising and is sub divided into four chapters: TITLE 15 - COMMERCE AND TRADE CHAPTER 22 - TRADEMARKS SUBCHAPTER III - GENERAL PROVISIONS Sec. 1114. Remedies; Infringement; Innocent Infringement By Printers And Publishers (1) Any person who shall, without the consent of the registrant - (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services (2) Notwithstanding any other provision of this chapter, the remedies given to the owner of a right infringed under this chapter or to a person bringing an action under section 1125(a) of this title shall be limited as follows:
  • 98. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3756                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (A) Where an infringer or violator is engaged solely in the business of printing the mark or violating matter for others and establishes that he or she was an innocent infringer or innocent violator, the owner of the right infringed or person bringing the action under section 1125(a) of this title shall be entitled as against such infringer B) Where the infringement or violation complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical or in an electronic communication as defined in section 2510(12) of title 18
  • 99. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3757                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   U.S. Laws for Trademarks and Copyright Source: http://www.copyright.gov/ http://www.crime-research.org/ Doctrine of “Fair Use” Section 107 of the Copyright Law mentions the doctrine of “fair use”. This doctrine is a result of a number of court decisions over the years. Reproduction of a particular work for criticism, news reporting, comment, teaching, scholarship, and research is considered as fair according to Section 107 of the Copyright Law. The Copyright office does not give permission to use copyrighted works. It is advised to obtain permission from the owner of a particular copyrighted work. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:  The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;  The nature of the copyrighted work;  Amount and substantiality of the portion used in relation to the copyrighted work as a whole; and  The effect of the use upon the potential market for or value of the copyrighted work. One cannot easily differentiate between fair use and copyright infringement. There is no mention of the number of lines, words, and notes that one can take from a copyrighted work and still escape infringement. Copyright violation can be investigated in the following ways: 1) Explanations of parties and third persons; 2) Testimonial evidences; 3) Written and material evidence; 4) Audio and video records; 5) Conclusions of experts. The following are the evidence of copyright violations:
  • 100. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3758                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   The documents received by law enforcement agencies during checks committed by them on their own initiative or by complaints of rights owners:  Record of checking;  Record of examination of computer and software;  Record of examination of a tangible carrier where the installation of software products on the computer was performed;  Conclusion of expert performing examination of the seized computer and tangible carriers with software;  Delivery note or cash memo for the purchased computer;  Warranty statement on the purchased computer;  Explanations of the employees of the seller company, explanations of the customer;  Copies of statutory documents of a legal entity (statute and foundation agreement);  Job functions of the organization directly related to selling computer facilities and software;  Advertising materials and price lists evidencing that accused person carried out entrepreneurial activity;  Other documents related to the software illegal sale or distribution in any form. Counterfeit samples of software, the production or use of which involves copyright violations, are also referred to as evidence of copyright violation. Advertising materials, price lists, documents on goods, and other materials evidencing copyright violation are also regarded as evidence along with counterfeit samples. During investigation, it is necessary to establish, at least approximately, the volume of the obtained revenue from the violation of copyright and adjacent rights. The following accounting documents should be analyzed and attached to the file:  Reports of different checks and inspections;  Delivery notes, charge tickets, other documents reflecting transaction of products and payment;  Financial statements (reports delivered to tax office);  Agreements reflecting facts of criminal activity (transportation of products, issuance of goods to distributors, storing products at some place in some amount, etc.)
  • 101. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3759                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   U.S. Laws for Trademarks and Copyright Source: http://thomas.loc.gov/ Online Copyright Infringement Liability Limitation Act Sec. 512. Limitations on liability relating to material on-line (a) LIMITATION- Notwithstanding the provisions of section 106, a provider shall not be liable for-- (1) Direct infringement, based solely on the intermediate storage and transmission of material over that provider's system or network, if-- (A) The transmission was initiated by another person; (B) The storage and transmission is carried out through an automatic technological process, without any selection of that material by the provider; and (C) Any copy made of the material is not retained longer than necessary for the purpose of carrying out that transmission; (2) Monetary relief under section 504 or 505 for contributory infringement or vicarious liability, based solely on conduct described in paragraph (1); or (3) Monetary relief under section 504 or 505 for contributory infringement or vicarious liability, based solely on transmitting or providing access to material over that provider's system or network, other than conduct described in paragraph (1), if the provider-- (A) Does not know and is not aware of information indicating that the material is infringing; and (B) Does not receive a financial benefit directly attributable to the infringing activity. (b) PROTECTION OF PRIVACY- Nothing in subsection (a) shall authorize or obligate a provider to access material that the provider is prohibited by law from accessing, or impose an affirmative obligation to monitor or otherwise seek information indicating infringement. (c) LIMITATION BASED UPON REMOVING OR DISABLING ACCESS TO INFRINGING MATERIAL- A provider shall not be liable for any claim based on that provider's removing or disabling on-line access to material, in response to knowledge or information indicating that the material is infringing, whether or not the material is infringing. (d) OTHER DEFENSES NOT AFFECTED- Removing or disabling access to material which a provider transmits on-line or to which a provider provides on-line access, or the failure to do so, shall not adversely
  • 102. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3760                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  bear upon the consideration by a court of a defense to infringement asserted by that provider on the basis of section 107 or any other provision of law. (e) MISREPRESENTATIONS- Any person who knowingly materially misrepresents that material on-line is infringing shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by any copyright owner or copyright owner's authorized licensee who is injured by such misrepresentation, or by any provider who relies upon such misrepresentation in removing or disabling access to the material claimed to be infringing.
  • 103. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3761                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Indian Laws for Trademarks and Copyright Source: http://www.patentoffice.nic.in/ The Patents (Amendment) Act, 1999: 1) This Act may be called the Patents (Amendment) Act, 1999. (2) It shall be deemed to have come into force on the 1st day of January, 1995. 24B. (1) Where a claim for patent covered under sub-section (2) of section 5 has been made and the applicant has- (a) where an invention has been made whether in India or in a country other than India and before filing such a claim, filed an application for the same invention claiming identical article or substances in a convention country on or after the 1st day of January, 1995 and the patent and the approval to sell or distribute the article or substance on the basis of approval tests conducted on or after the 1st day of January, 1995, in that country has been granted on or after the date of making a claim for patent covered under sub-section (2) of section 5; or (b) where an invention has been made in India and before filing such a claim, made a claim for patent on or after the 1st day of January, 1995 for method or process of manufacture for that invention relating to identical article or substance and has been granted in India the patent therefore on or after the date of making a claim for patent covered under sub-section (2) of section 5, and has received the approval to sell or distribute the article or substance from the authority specified in this behalf by the Central Government Source: http://www.indialawinfo.com/bareacts/TM.html#_Toc499720198 Trade Marks Act, 1999: This Act is signed into law and is passed on December 23, 1999 by Indian Parliament. This law repeals and replaces the Trade and Merchandise Marks Act. This law provides the registration of trademarks relating to goods and services. This law states that it is considered an offense if, A person who- (a) Falsifying and falsely applying trademarks (b) Without the assent of the proprietor of the trademark makes that trademark or a deceptively similar mark; or (c) Falsifies any genuine trademark, whether by alteration, addition, effacement or otherwise.
  • 104. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3762                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (2) A person shall be deemed to falsely apply to goods or services a trademark who, without the assent of the proprietor of the trademark,- (a) applies such trademark or a deceptively similar mark to goods or services or any package containing goods; (b) Uses any package bearing a mark which is identical with or deceptively similar to the trademark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trademark. (4) In any prosecution for falsifying a trademark or falsely applying a trademark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused. And who selling goods or providing services to which false trademark or false trade description is applied. Any person who- Causes any of things above-mentioned in this section to be done, Shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: PROVIDED that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Source: http://www.indialawinfo.com/bareacts/cpr.html The Copyright Act, 1957: This Act may be called the Copyright Act, 1957; it extends to the whole of India. This law states that, it is an offense when - Any person who knowingly infringes or abets the infringement of- (a) the copyright in a work, or (b) any other right conferred by this Act, 3[except the right conferred by section 53A], shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: PROVIDED that 3[where the infringement has not been made for gain in the course of trade or business] the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] When a person knowingly makes use of an infringing copy of a computer programme it is considered to be an offence Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees Possession of plates for purpose of making infringing copies Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to 27[two years and shall also be liable to fine.
  • 105. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3763                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Japanese Laws for Trademarks and Copyright Source: http://www.ladas.com/ Japan - New Trademark Law As reported in our August 1996 Newsletter (N.S. 187), the new Trademark Law that was promulgated in Japan on June 12, 1996, entered into effect on April 1, 1997. The principal changes that have been effected by the new law are summarized below.  Three-dimensional trademarks consisting of the shape of goods or their packaging may be registered, provided they are distinguishable and are not indispensable to secure the function of the goods or their packaging.  Collective trademarks may be registered.  Associated trademarks registered or pending on April 1, 1997 are deemed to be independent trademarks.  Applications for trademarks that are held to be identical or similar to a well-known trademark filed with an unjust purpose will be rejected, irrespective of whether there is a likelihood of confusion between the respective goods and/or services.  A single application may cover several classes of goods and/or services. However, applications for the same mark filed on the same date in more than one class prior to April 1, 1997 may not be consolidated into one application.  It is no longer necessary to submit evidence of use to support renewals of trademark registrations. Belated renewals may be filed 6 months following the expiration date of the registration, subject to payment of additional fees.  It is no longer necessary to publish a Notice of Assignment of a registered trademark.  A general Power of Attorney is now accepted.  Any person may file a cancellation action based on non-use of a registered trademark for more than 3 consecutive years.  Use of a registered trademark by the owner or licensee within 3 months prior to the date of filing of a cancellation action will not be considered legitimate use, provided that the petitioner in the cancellation action can prove that the trademark owner or licensee commenced such use upon becoming aware of the prospective cancellation action.
  • 106. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3764                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   If a cancellation action is successful, the trademark registration is deemed to have been cancelled retroactively as of the date of filing of the cancellation action.  A post-registration opposition procedure replaces the current pre-registration opposition system. An opposition may be filed by any interested party within 2 months following the date of publication of a registered mark.  Japan adopted the International Classification system on April 1, 1992. Under the new trademark law, the goods covered by those registered trademarks that were filed on or before March 31, 1992 in accordance with the four versions of the earlier Japanese classifications (of 1899, 1909, 1921 and 1959) will be reclassified in accordance with the International Classification system upon renewal. The reclassification will commence with trademark registrations that expire on or after October 1, 1998. Copyright Management Business Law (4.2.2.3 of 2000): In November 2000, the "Copyright Management Business Law" (4.2.2.3) was enacted. Its main purpose is to facilitate the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks." In general, we can say that this law will facilitate the rise of copyright management businesses, and possibly create a further limitation to the reach of the public domain.
  • 107. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3765                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Australia Laws for Trademarks and Copyright The Trade Marks Act 1995: Source: http://www.austlii.edu.au/ Section 145 1) A person is guilty of an offence if the person falsifies or unlawfully removes a trademark that: a) has been applied to any goods that are being, or are to be, dealt with or provided in the course of trade; or b) has been applied in relation to any goods or services that are being, or are to be, dealt with or provided in the course of trade; Knowing that the trademark is registered or regardless of whether or not the trademark is registered. 2) A person falsifies a registered trademark if the person: a) alters or defaces it; or b) makes any addition to it; or c) partly removes, erases or obliterates it; without the permission of the registered owner, or an authorized user, of the trademark Section 148 A person is guilty of an offence if the person intentionally: a. sells goods; or b. exposes goods for sale; or c. has goods in his or her possession for the purpose of trade or manufacture; or d. imports goods into Australia for the purpose of trade or manufacture; knowing that, or regardless of whether or not: e. a falsified registered trademark is applied to them or in relation to them; or f. a registered trademark has been unlawfully removed from them; or g. a registered trademark is falsely applied to them or in relation to them.
  • 108. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3766                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Penalty for offence under section 145, 148 A person guilty of an offence under section 145, 146, 147 or 148 is punishable on conviction by: a) a fine not exceeding 500 penalty units; or b) imprisonment for a period not exceeding 2 years; or c) by both a fine and a term of imprisonment. False representations regarding trademarks is also considered as the offence. The Copyright Act 1968: Section 132 Source: http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s132.html According to this law, following are the offences: Offences relating to infringing copies (1) A person shall not, at a time when copyright subsists in a work: a) make an article for sale or hire or with the intention of obtaining a commercial advantage or profit; b) sell or let for hire, or by way of trade, or with the intention of obtaining a commercial advantage or profit, offer or expose for sale or hire, an article; c) import an article into Australia for the purpose of: i. selling, letting for hire, or by way of trade, or with the intention of obtaining a commercial advantage or profit, offering or exposing for sale or hire, the article; If the person knows, or ought reasonably to know, the article to be an infringing copy of the work. (2) A person shall not, at a time when copyright subsists in a work, distribute: a) for the purpose of trade or with the intention of obtaining a commercial advantage or profit; or b) for any other purpose to an extent that affects prejudicially the owner of the copyright; (3) A person shall not, at a time when copyright subsists in a work, make or have in his or her possession a device that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work. (4) The preceding provisions of this section apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III. Offence relating to infringing public performances of literary, dramatic or musical works (5) A person shall not cause a literary, dramatic or musical work to be performed in public at a place of public entertainment, if the person knows, or ought reasonably to know, that copyright subsists in the work and that the performance constitutes an infringement of the copyright. (5C) A person commits an offence if: a) copyright subsists in a work or other subject-matter; and b) either: i. the person removes, from a copy of the work or subject-matter, any electronic rights management information that relates to the work or subject-matter; or ii. the person alters any electronic rights management information that relates to the work or subject-matter; and c) the person does so without the permission of the owner or exclusive licensee of the copyright; and d) the person is reckless as to whether the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright.
  • 109. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3767                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   UK Laws for Trademarks and Copyright Source: http://www.bitlaw.com/ The Copyright, Etc. And Trade Marks (Offences and Enforcement) Act 2002: Source: http://www.allianceagainstiptheft.co.uk/action/bill-summary.html  This Act was signed into law and passed on July 24, 2002 by the Department of Trade and Industry. This Act amends the criminal provisions in intellectual property law, more specifically the law relating to copyright, rights in performances, fraudulent reception of conditional access transmissions by use of unauthorized decoders, and trademarks. The Copyright, etc. and Trade Marks (Offences and Enforcement) Act has three main powers. It: o Increases the penalties for the offence of copyright theft to 10 years to match trademark law so it is no longer a low risk option for organized crime o Strengthens search warrant provisions to make it easier to expose counterfeiting and piracy o Gives greater powers to allow rights to owners to obtain forfeiture of infringing material to reduce the current potential return for criminals Counterfeiting and piracy is now regularly included in the NCIS National Threat Assessment Report. It was clear that a stronger deterrent was needed, particularly as counterfeiting and piracy are increasingly linked with organized crime. Greater penalties provide that deterrent. Trademarks Act 1994 (TMA): Source: www.patent.gov.uk/tmact94.pdf  This Act was signed into law and passed on July 1, 1995. This law amends the registration of trademarks and protection of registered trademarks. This law states that: (1) A person commits an offence who, with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor- a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a registered trademark, or b) sells or lets for hire, offers or exposes for sale or hire, or distributes goods which bear, or the packaging of which bears, such a sign, or
  • 110. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3768                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  (2) A person commits an offence who, with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor - a) applies a sign identical to, or likely to be mistaken for, a registered trademark to material intended to be used- i. for labeling or packaging goods, ii. as a business paper in relation to goods, or iii. for advertising goods, or b) uses in the course of a business material bearing such a sign for labeling or packaging goods, as a business paper in relation to goods, or for advertising goods (3) A person commits an offence who, with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor - a) makes an article specifically designed or adapted for making copies of a sign identical to, or likely to be mistaken for, a registered trademark, or b) has such an article in his possession, custody, or control in the course of a business knowing or having reason to believe that is has been, or is to be, used to produce goods or material for labeling or packaging goods, as a business paper in relation to goods, or for advertising goods.
  • 111. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3769                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   China Laws for Trademarks and Copyright Source: http://russian.china.org.cn/ Copyright Law of People’s Republic of China (Amendments on October 27, 2001)  Article 1: The purpose of protecting the copyright of authors in their literary, artistic, and scientific works and the copyright-related rights and interests  Article 2: Works of Chinese citizens, legal entities, or other organizations, whether published or not, shall enjoy copyright in accordance with this Law Trademark Law of the People's Republic of China (Amendments on October 27, 2001)  This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintaining the reputation of their trademarks, with a view to protecting the interests of consumers, producers, and operators and to promoting the development of the socialist market economy
  • 112. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3770                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited. 
  • 113. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3771                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   South African Laws for Trademarks and Copyright Source: http://www.gpa.co.za/ http://www.wipo.int/ Trademarks Act 194 of 1993 It is the act to provide the registration of trademarks, certification trademarks, and collective trademarks and to provide for incidental matters Copyright Act of 1978 It is the act to regulate copyrights and to provide for matters incidental thereto Patents Act No. 57 of 1978 To provide for the registration and granting of patent letters for inventions and for matters connected therewith
  • 114. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3772                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   South Korean Laws for Trademarks and Copyright Source: http://www.buyusa.gov/ Copyright law Act No. 3916  The purpose of this Act is to protect the rights of authors and the rights neighboring them and to promote fair use of works in order to contribute to the improvement and development of culture Industrial Design Protection Act  The purpose of this act is to encourage the creation of designs by ensuring their protection and utilization so as to contribute to the development of industry
  • 115. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3773                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Belgium Laws for Trademarks and Copyright Source: http://www.wipo.int/ Copyright Law, 30/06/1994  The purpose of the act is to protect literary or artistic work from unauthorized usage  The author of a work alone shall have the right to reproduce his work or to have it reproduced in any manner or form whatsoever Trademark Law, 30/06/1969  It is the law approving the Benelux Convention Concerning Trademarks and Annex, signed in Brussels on March 19, 1962  The high contracting parties shall incorporate into their domestic legislation, in one or both of the original texts, the Benelux Uniform Law on Trade Marks annexed to this Convention and shall establish an administration common to their countries under the name "Benelux Trade Marks Bureau"
  • 116. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3774                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.   Hong Kong Laws for Intellectual Property Source: http://library.piercelaw.edu/ Hong Kong’s IP laws are based on constitutional or Basic Law provisions. Article 139 of the Basic Law  Government shall formulate policies on science and technology and protect achievements in scientific research Article 140 of the basic law  It protect the rights of authors in their literary and artistic creations
  • 117. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3775                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Summary  Trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods of one party from others  Copyright is a form of protection provided to the authors of original works of authorship  Plagiarism is using others’ ideas and words without clearly acknowledging the source of that information  According to USPTO, “A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office.”  Intellectual property is the product of intellect that includes copyrights and trademarks for commercial use  DRM is access control technology used by the manufacturers, publishers, and copyright holders to limit the usage of digital devices or information
  • 118. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3776                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Exercise: 1. What are trademarks? Explain trademark infringement. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 2. What are the benefits of registering trademarks? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 3. List the guidelines for monitoring trademark infringements. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 4. List the steps that are involved in investigating trademark infringement. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 5. What is a copyright? How can you investigate copyright status? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 6. What are the steps involved in plagiarism prevention? List the various tools to detect it. ___________________________________________________________________ ___________________________________________________________________
  • 119. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3777                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  ___________________________________________________________________ _______________________________________________________________ 7. Describe patent infringement and domain name infringement. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 8. What are the steps involved in investigating intellectual property theft? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 9. What is Digital Rights Management (DRM)? List the DRM tools. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 10. Explain the laws for trademarks and copyrights in different countries. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________
  • 120. Computer Hacking Forensic Investigator Exam 312-49 Investigating Trademark and Copyright Infringement  Module XLIII Page | 3778                                                       Computer Hacking Forensic Investigator Copyright © by EC-Council      All Rights Reserved. Reproduction is Strictly Prohibited.  Hands-On 1. Visit your local government official site and browse for laws for trademarks and copyrights. 2. Run the tool Turnitin and use it to detect plagiarism. 3. Run the tool CopyCatch and check the plagiarism in the document. 4. Run the tool JPlag and check the plagiarism in the software program. 5. Download the tool SIM and check the plagiarism in any software program.