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  • Module XLIII - Investigating Trademark and Copyright Infringement
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited News: BlackBerry Maker, NTP Ink $612 Million Settlement Source: http://money.cnn.com/
  • EC-Council 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/
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Case Study: SCO Vs Linux Source: http://brucep.webfarmhosting.com/
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Case Study: Line by Line Copying Source: http://brucep.webfarmhosting.com/
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Module Objective • Trademarks • Characteristics of Trademarks • Service mark and Trade dress • Trademark Infringement • 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 This module will familiarize you with:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Module Flow Trademarks Trademark Infringement Characteristics of Trademarks Service Mark and Trade Dress Investigating Trademark Infringement How are Copyrights Enforced? Copyright Investigating Copyright Status Copyright Infringement: Plagiarism Domain Name Infringement Plagiarism Detection Tools Patent Infringement Investigating Intellectual Property Theft Digital Rights Management
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Trademark Infringement
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Trademarks A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of the goods of one party from others
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Trademark Eligibility and Benefits of Registering It Individual or business unit intends to use a trademark to categorize its goods or services Trademark should be unique and not misleading • Protection of an organization’s name/logo, which is an important business asset • Owner attains exclusive rights of the mark • Protection against trademark infringement Benefits of registering a trademark:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited According to uspto.gov, “A service mark identifies and distinguishes the source of a service rather than a product” Trade Dress refers to characteristic visual appearance of a product due to its packaging and presentation Service Marks and Trade Dress
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Trademark Infringement Trademark Infringement involves using someone's trademark on a good or service that leads to confusion of the source or affiliation of goods or services A party that owns the rights to a particular trademark can sue other parties for trademark infringement based on the standard “ likelihood of confusion”
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Monitoring Trademark Infringements Check whether the infringement has been caused by the distributor, employee, or customer Check the third party 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 comments which can solve infringement cases in its first stage Search for infringement with the use of search engines • Example: Organization has trademark as “WEED EATER” and organization X has trademark as “weedeater”. Unaware user, in need of WEED EATER product might end up with weedeater which can cause a nightmare Make use of trademark infringement monitoring services such as CyberAlert, AdGooroo etc.
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Key Considerations Before Investigating 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 a member of Paris convention or the Madrid protocol Check the existence and strength of the laws addressing infringement Look for availability of adequate and strong enforcement mechanisms Check whether the trademark is in use in the relevant country or it is vulnerable to cancellation
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Steps for Investigating Trademark Infringements • Check if the trademark owner has prior rights with the scope of infringement • If the owner has prior rights, look for either settlement or go for court proceedings • Obtain photographs and video footage outside the subject ‘s location i.e. property, area, buildings, signs etc. • Obtain any available literature, brochures, business cards, and print- outs from any sales software available • Document any promotional program that is in use • Maintain a record of conversations with owner or employees • Do background research on the subject‘s entity - local, county, state, and federal business registrations and licenses Investigate the infringement: Check the type of infringement occurred
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Steps for Investigating Trademark Infringements (cont’d) Search for any article or advertisement related to the issue that was published in newspaper or magazine Obtain civil, family or criminal background of owners or business Document the intellectual property of the business or the owner Investigate against the history of registration and license for filing 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
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Copyright Infringement
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Copyright According to uspto.gov, “A Copyright is a form of protection provided to the authors of original works of authorship” Poems, theses, plays, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live performances, jurisdictions, and industrial designs can be copyrighted A copyright notice for visually perceptible copies must contain the word “Copyright” followed by the symbol “©”, published date and name of the author or the owner of the entire copyright rights in the published work
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Investigating Copyright Status Examine a copy of the work for copyright notice, place and date of the publication, and author and publisher Search Copyright office catalogs and other records Take help from Copyright office
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited How Long Does a Copyright Last? Duration of copyright is different for joint works, anonymous works, works that have pseudo names, and “ work for hire” works In general, copyrights for works that are published after 1977 are valid for a life span of the author plus another 70 years after his/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
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited U.S. Copyright Office 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 • Administers the copyright law • Creates and maintains the public record • Provides technical support to Congress • Provides information service to the public • Serves as a resource to international and domestic communities • Provides support to Library of Congress Missions of U.S. Copyright Office:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited How Are Copyrights Enforced? Lawsuit can be filed against anyone who has violated the rights of the copyright owner • Issue orders to prevent escalation of copyrights • Ask for compensation from the infringer for the damage done • Ask the infringer to pay the attorney’s paycheck In this regard, the copyright owner can:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Copyright Infringement: Plagiarism According to The Oxford Advanced Learner's Dictionary “plagiarism is an act of taking someone's words or ideas as if they were your own” “Plagiarism is using other’s ideas and words without clearly acknowledging the source of that information”
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Types of Plagiarism • Ghost writing: Straight away information copying • Poor masking: Poor rewording of information • Photo copying: Copying portions of information from the source • Potlucking: Content assembling from various sites • Laziness: Rewording information instead of researching on original work • self plagiarizing: Copying information from his/her own work thus violating policies Sources not cited • Omitting or misguiding source: Providing wrong source of information • Perfect paraphrasing: Avoiding quotation marks in word-to-word copied information Sources cited
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Steps for Plagiarism Prevention Know the type of plagiarism in detail Understand facts and myths of plagiarism Cite the source if the information is taken from it Quote the information if it cannot be reworded Learn to paraphrase as it avoids plagiarism to an extent Awareness of detection tools Awareness of policies and procedures Awareness of legal act (penalties) taken if the information is plagiarized
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Plagiarism Detection Factors Change of vocabulary Incoherent text Punctuation Dependence on certain words and phrases Amount of similarity between texts Long sequences of common text Order of similarity between texts Frequency of words
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Plagiarism Detection Tools
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Plagiarism Detection Tools • Turnitin, Submit.ac.uk, CopyCatch etc. • Eve helps in checking plagiarism in works submitted in MS Word, Corel Word perfect/ documents in text format Tools to detect plagiarism in text • JPlag helps in finding similar source code from multiple sets • CodeMatch is a commercial source-code plagiarism detection tool produced as part of the CodeSuite software by Zeidman Consulting Tools to detect plagiarism in source code • BOSS is an online submission system for assessing work of students from Warwick University's computer science department Tools which assist in process such as data collection Three categories of plagiarism detection tools:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Turnitin http://turnitin.com/ Turnitin is an online plagiarism detection tool mainly targeted at educators It detects plagiarism by a comparative study of the work submitted to pages available on the Internet and its database Key features include plagiarism prevention, peer review, Grademark, Gradebook, digital portfolio
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Turnitin: Screenshot 1
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Turnitin: Screenshot 2
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited CopyCatch http://www.copycatchgold.com/ CopyCatch is a dedicated tool designed to ensure accuracy in checking documents for plagiarism It takes few seconds to check plagiarism in documents written in various formats such as rtf, doc, and txt It is employed for various purposes such as detection, deterrence, and investigation
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Tools for Plagiarism Detection Copy Protection System (COPS) is a working prototype of a copy detection system that can be used in a digital library SCAM copies and extracts the similar documents in digital libraries CHECK maintains a database of registered documents and is used for comparison against a new document Tools
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Tools for Plagiarism Detection (cont’d) JPlag is used to detect and discourage the unallowable copying of exercise programs in programming education Visual Analysis of Similarity Tool (VAST) produces interactive visualization of the intersection of two documents and highlighting areas of similarity
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Tools for Plagiarism Detection (cont’d) Software Similarity Tester (SIM) detects potentially duplicated code fragments in large software projects, program text, shell scripts, and documentation Urkund offers a completely automated system designed to deal with the problem of plagiarism WCopyfind extracts text portions of documents and checks them for plagiarism Glatt Plagiarism Screening Program (GPSP) is the first comprehensive computer software program specifically designed for detecting plagiarism
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited PLAGiarism in University Environments: Special Interest Group (PLAGUE) http://www.csse.monash.edu.au/projects/plague/ The PLAGUE SIG serves students and lecturers by providing not only links and tools but a forum for raising awareness of, sharing problems with and approaches to, plagiarism It provides a flexible, open, and reusable repository of resources assisting students and academics in detecting plagiarism and protecting themselves against it
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited SPlaT http://splat.cs.arizona.edu/ It checks the collected documents All instances are reported to the user so that they are investigated to determine if they are really fake papers It is intended to generate warnings • Web spider mode • Reviewer's workbench mode • Author mode SPlaT functions in three modes:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited SPlaT - Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sherlock: Plagiarism Detector http://www.cs.usyd.edu.au/~scilect/sherlock/ Sherlock finds similarities between text documents It uses digital signatures to find similar pieces of text It works on text files such as essays, computer source code files, and other assignments in a digital form
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Sherlock: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Plotted Ring of Analysed Information for Similarity Exploration (PRAISE) http://cise.lsbu.ac.uk/orcheck/praise.html PRAISE is an intra-physical similarity detection and visualization tool It analyses the collection of documents and shows them plotted on torc in a sequence determined by gross non-originality
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited SafeAssignment http://www.safeassignment.com/ SafeAssignment provides automatic sentence-by-sentence comparison of the student’s work with other texts that are either published on the web, or within a growing database of Northwestern-originating text
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Essay Verification Engine 2 (EVE2) http://www.canexus.com/ EVE is a tool that determines and detects plagiarism • It accepts essays in plain text, Microsoft Word, or Corel Word Perfect format, and returns links to web pages from which material may have been plagiarized • It takes care not to provide 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 where the content seems to be plagiarized Features:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited EVE: Screenshot 1
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited EVE: Screenshot 2
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited iThenticate http://www.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 comprising of 10,000 major newspapers, magazines, and journals It is designed to provide service for corporate organizations
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited iThenticate: Screenshot 1
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited iThenticate: Screenshot 2
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Dupli Checker http://www.duplichecker.com/ Dupli Checker is a freeware online plagiarism detection tool • Type phrases or add the article that needs plagiarism check in the box (space provided) • After choosing quote or without quote and search engine, hit the search button • New search page will show results after breaking each sentence automatically against the websites’ pages already indexed • Always press back button to search the next article Instructions for using online web plagiarism checking software:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Dupli Checker: Screenshot 1
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Dupli Checker: Screenshot 2
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited http://www.plagiarismdetect.com/ www.plagiarismdetect.com is the service that offers free online detection of plagiarism • Signup or sign in • Copy and paste your content in the text field or upload a file in such formats like .txt or .doc • Click analyze and the system will compare your text with the data of search engines • Look at the results where the user will see plagiarism percentage, as well as all the links of sources, where plagiarism was found Steps to detect plagiarism:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited http://www.plagiarismdetect.com/: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited http://www.plagiarism.org.uk/ www.plagiarism.org.uk is a part of the Forensic Linguistics Institute It is one of the web's longest serving anti-plagiarism sites
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited http://www.plagiarism.org.uk/: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Patent Infringement
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Patent 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.” • Utility patent: Granted to an individual who discovers or invents new machine, process, useful composition of matter, or manufacture • Design patent: Granted to an individual who invents a new and original design for an article of manufacture. It protects the appearance of an article • Plant patents: Granted to an individual who invents, discovers, or asexually reproduces a distinct variety of plant Types of patents:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Patent Infringement According to uspto.gov, “Patent infringement is unauthorized making, using, offering to sell, selling or importing into the United States any patented invention.” • Analysis of claim by going through all relevant patented documents • Verifying the claim for validation Resolving patent infringement is a two-step process:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Types of Patent Infringement • Literal infringement: • Occurs with each limitation in the asserted claims present in the accused device • Infringement under the doctrine of equivalents: • Applies where the differences between the patented device and the accused device are insubstantial Direct infringement • Occurs at instance when a device is claimed in a patent Contributory infringement
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Patent Search USPTO Recommended Seven-Step Strategy for Patent Search Index to the U.S. Patent Classification Manual of Classification Classification Definitions Browse Patent Titles and Abstracts Retrieve Subclass Listing Official Gazette - Patent Section Complete Patent Document
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited http://www.ip.com ip.com Prior Art Database was created to provide innovative companies with a fast and effective way to publish their innovation into a single, publicly searchable, library indexed, and collection of prior art It has safeguarding measures to provide evidence of document integrity and datestamp in the event to present it at trial
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited How ip.com Works • A disclosure is prepared using everyday business software (Example: pdf, word, text format) Step 1: A disclosure is prepared • Upload your files along with some bibliographic information about your file to the servers at IP.com Step 2: Upload your file(s) • Each file receives a digital fingerprint. Fingerprints provide a digital signature of a file's contents Step 3: Files are scanned and digital fingerprints are generated • Your primary file is automatically scanned for searchable text content which gets extracted from your document, in order to make your document searchable Step 4: Text Extraction
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited How ip.com Works (cont’d) • Additional IP.com-generated information is bundled with your document into a single zip file Step 5: IP.com Bundling • The newly generated package (the zip file) is assigned a permanent IPCOM number. IPCOM numbers are assigned to uniquely identify the protected files at IP.com Step 6: Assigning IPCOM numbers • New disclosure is published and available online via the IP.com site and notification of the event is sent Step 7: Publishing
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Domain Name Infringement Domain names that create confusion regarding affiliation of trademark holder with them, falls prey to infringement According to the uspto.gov, “Domain name infringement is a mark composed of a domain name is registerable as a trademark or service mark only if it functions as a source identifier
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited How to Check for Domain Name Infringement Use popular search engines such as Google to find out whether domain name is already in use or not Search Whois.net to find if any other business contains text identical to your domain name Examine Trademark Electronic Search System (TESS), this database contains all federally registered trademarks and service marks Engage an efficient search firm to do a national trademark, service mark, and domain name search Appoint a trademark attorney to perform all activities described in the above steps
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Intellectual Property
  • EC-Council 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
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Investigating Intellectual Property Theft • Unauthorized use of unregistered trade secrets • Unauthorized use of copyrighted, patented, or registered Works • Trademark violations • Unauthorized use of confidential proposals • Unauthorized use of confidential work papers and technical notes • Theft of strategic business plans • Gray market distributions • Counterfeiting • Illegal distributions • Unauthorized product diversions • Unauthorized use of domain name • Unauthorized use of trade names Intellectual property theft includes:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Steps for Investigating Intellectual Property Theft Check the type of theft Look for clues that indicate theft of intellectual property • Perform plagiarism check • Check whether theft is from a single source or more than one • Check if there is a lack of reference or quoting for referred information • Check if the information is directly taken from the source Search and find the source of the theft Use detection tools or various plagiarism detection tools Check for unauthorized sharing of software Document all the information for further reference
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Digital Rights Management
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Digital Rights Management (DRM) DRM is access control technology used by the manufacturers, publishers, and copyright holders to limit the usage of digital devices or information It is used by content provider companies such as Microsoft, Apple, BBC, and Sony With the Internet and file sharing tools, it has become easy for unauthorized distribution of the copyright material DRM technologies offered publishers with laws that prevent copyright infringement It avoids lawful fair use of copyright material and usage of non-copyright material With pros and cons, it has been adopted by entertainment industry, online music stores, and e-book publishers
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Digital Rights Management (DRM) (cont’d) • Users: Users pay for the content and gain it through its provider • Content provider or Internet service provider (ISP): It takes the billing list from the DRM center and sends the authorized or encrypted content to the user • Payment gateway: It takes payment requests from the DRM center and sends an approval of the payment to it • DRM center: It takes content request from the user after payment approval and then sends the billing list to the content provider or ISP and user authentication to the user Working of DRM involves:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Digital Rights Management (DRM) (cont’d) User 1 User 2 User 3 User Authentication Content Request Authorized Encrypted Content CP/ISP Billing List DRM Center Payment Gateway Payment Approval Payment Request
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Windows Media Digital Rights Management http://www.microsoft.com/ Windows Media Digital Rights Management is a platform to protect and securely deliver content for playback on computers, portable devices, and network devices It offers increased flexibility to support a wide range of business models • It ensures the security of the 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) Features:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Windows Media Digital Rights Management: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Media-DRM Packager Media-DRM Packager is a Windows application that encrypts media files It reads all the DRM license profiles and rights settings defined in the Media- DRM account It uses a wide range of cryptographic and anti-piracy techniques to protect digital media content and its own integrity • Encrypts the content • Reasonability of setting own rights • Integrates with the system Features:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Haihaisoft Media DRM Packager http://www.haihaisoft.com/ Haihaisoft Media DRM is a service platform based-on Windows media technology and 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 • It helps the consumer to find, acquire, and play content virtually anywhere • It gives a benefit to content owners to protect their digital media content by packaging files with robust encryption algorithms • It offers content owners and content service providers to experiment with new business models Features:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Haihaisoft Media DRM Packager: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited DRM Software for Copy Protection http://www.locklizard.com It is aimed both at publishers and companies that share/sell intellectual property (where a higher degree of security and control is required) • Protects PDF documents, web based content, and software from unauthorized use, copying, sharing, and distribution, with strong copy protection and DRM controls • Controls who has access to your information, what they can do with it, and how long they can use it for LockLizard DRM provides intellectual property protection:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited DRM Software for Copy Protection (cont’d) Lizard Safeguard PDF security protects your PDF documents Lizard Protector web content security is for publishers who share or sell web based content where a higher degree of security and control is required Lizard Guardian copy protection software prevents your software applications from being copied and shared with others and control how long they can be used for
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Lizard Safeguard: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Lizard Guardian: Screenshot
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited IntelliProtector http://intelliprotector.com/ IntelliProtector is a software activation service with a web- based control panel that helps you to reduce a form of piracy It enables distribution of the software securely over the Internet, on CD-ROM, and DVD It ensures that each copy of the digital product is used in compliance with your license terms and is not shared or used simultaneously on more than one computer
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited IntelliProtector (cont’d) • It provides protection against piracy • It creates time limited and featured limited trials • It blocks license violators automatically • It is integrated with all popular payment processors • It has additional layer of protection • It offers powerful reporting and statistics Features:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited IntelliProtector: Screenshot 1
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited IntelliProtector: Screenshot 2
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Trademarks and Copyright Laws
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited U.S. Laws for Trademarks and Copyright • This Act creates limitations on the liability of online service providers for copyright infringement The Digital Millennium Copyright Act (DMCA) of 1998 • This Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising The Lanham (Trademark) Act (15 USC §§ 1051 - 1127)
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited U.S. Laws for Trademarks and Copyright (cont’d) Doctrine of “Fair Use” Section 107 of the Copyright Law mentions the doctrine of “ fair use” The 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
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited U.S. Laws for Trademarks and Copyright (cont’d) • Sec. 512. Limitations on liability relating to material on- line • Limitation- Notwithstanding the provisions of section 106, a provider shall not be liable for: • Direct infringement • monetary relief under section 504 or 505 for contributory infringement or vicarious liability based solely on conduct • monetary relief under section 504 or 505 for contributory infringement or vicarious liability, based solely on providing access to material over that provider's system or network • Protection of privacy • Limitation based upon removing or disabling access to infringing material Online Copyright Infringement Liability Limitation Act:
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Indian Laws for Trademarks and Copyright • This Act provides establishment of a mail box system to file patents The Patents (Amendment) Act, 1999 • This Act provides registration of trademarks relating to goods and services Trade Marks Act, 1999 • This Act prescribes mandatory punishment for piracy of copyrighted matter appropriate with the gravity of the offense with an effect to deter infringement The Copyright Act, 1957
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Japanese Laws for Trademarks and Copyright • This Law applies only to registered trademarks The Trademark Law (Law No. 127 of 1957): • According to this law, trademarks are distinguishable and are not indispensable to secure the function of the goods or their packaging The Trademark Law (N.S. 187 of 1999): • This law facilitates the establishment of new copyright management businesses, in order to "respond to the development of digital technologies and communication networks" Copyright Management Business Law (4.2.2.3 of 2000):
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Australian Laws For Trademarks and Copyright • This Act grants protection to a letter, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or combination of these, used by traders on their goods and services to indicate their origin The Trade Marks Act 1995 • This Act grants monopoly rights to inventors of new inventions such as improved products or devices and substances The Patents Act 1990 • This Act relates to copyright and the protection of certain performances and for other purposes The Copyright Act 1968
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited UK Laws for Trademarks and Copyright • This Act amends the criminal provisions in intellectual property law, law relating to copyright, rights in performances, fraudulent reception of conditional access transmissions by use of unauthorized decoders and trade marks The Copyright, Etc. And Trade Marks (Offences And Enforcement) Act 2002 • This Act provides the honest use of ones own name or address is a defense Trademarks Act 1994 (TMA)
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Chinese Laws for Trademarks and Copyright • 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 Copyright Law of 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 Trademark Law of the People's Republic of China (Amendments on October 27, 2001)
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Canadian Laws for Trademarks and Copyright • This Act grants protection to a architectural work, artistic work, Berne convention country, commission, book, broadcaster, choreographic work, cinematographic work, collective society, work or combination of these, used by traders on their goods and services to indicate their origin Copyright Act ( R.S., 1985, c. C-42 ) • It states that if a mark is used by a person as a trade-mark for any of the purposes or in any of the manners, it shall not be held invalid merely on the grounds that the person or a predecessor in title uses it or has used it for any other of those purposes or in any other of those manners Trademark Law
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited South African Laws for Trademarks and Copyright • It is the act to provide the registration of trademarks, certification trademarks and collective trademarks and to provide for incidental matters Trademarks Act 194 of 1993 • It is the act to regulate copyright and to provide for matters incidental thereto Copyright Act of 1978 • To provide for the registration and granting of patent letters for inventions and for matters connected therewith Patents Act No. 57 of 1978
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited South Korean Laws for Trademarks and Copyright • 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 Copyright law Act No. 3916 • 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 Industrial Design Protection Act
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Belgium Laws for Trademarks and Copyright • 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 Copyright Law, 30/06/1994 • 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" Trademark Law, 30/06/1969
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited Hong Kong Laws for Intellectual Property • Government shall formulate policies on science and technology and protect achievements in scientific research Article 139 of the Basic Law • It protects the rights of authors in their literary and artistic creations Article 140 of the basic law Hong Kong’s IP laws are based on constitutional or Basic Law provisions
  • EC-Council 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
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited
  • EC-Council Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited