2. What is intellectual property?
Types of intellectual property
Copyright vs patent
Problems of Intellectual Property Owners
Arguments towards personal copying or posting
on Web
Role/Impact of Technology
Contents
3. What is Intellectual property?
Intellectual property is a type property that includes intangible creations of the human
intellect such as inventions, books, photos, music, movies, games, product and business
names etc.
There are four type of intellectual property-
Copyright
Trademark
Patent
Trade secret
4. • Copyright
Copyright is a type of protection that protects creative works such as writing or
drawing. Books, software, architectural drawings, articles, blog posts, graphic designs,
and movies are all covered by copyright. Copyrights allow the owner of the protected
materials to control reproduction, performance, new versioning or adaptations, public
performance and distribution of the works.
In Bangladesh, copyright expires:
• Lifetime of the author and 60 years after his/her death
In Canada, Copyrights expires:
• 50 years after death of a person
• 50 years in case of a company
5. • Copyright Example
Literary works
– books, pamphlets, poems
– other works consisting of text
– computer programs
Dramatic works
– films, videos, plays, screenplays, scripts
Music works
– Compositions (words & music, or music only)
Artistic works
– Paintings, drawings, maps, photographs, sculptures, architectural works
6. Copyright Patent
What is it? Creative expressions such as
music, video, books, etc.
Ideas or concepts which are novel or
not- understandable.
What can be
protected?
Any literary object namely
artwork, poetry, films, books,
photography, songs, etc.
A technical enforcement which is
novel, unique and useful or Protects
the discoveries of inventors.
Validity in
Bangladesh
Registration not mandatory. Valid
through the lifetime of the author
and 60 years after his/her death.
The term limited in every patent for
the duration thereof is sixteen years
from its date and renewal is required
after four years up to 15 years.
When to apply Apply at any time. Before launching products into the
market.
Copyright vs Patent
7. • Trademark
A trademark is unlike a patent in that it protects words, phrases, symbols, sounds,
smells and color schemes. It protects work that you create to represent your business.
Trademarks are often considered assets that describe or otherwise identify the source of
underlying products or services that a company provides.
• Patent
Patent is a category of protection which protects inventive ideas and processes. Patents
are also used to protect newly engineered plant species or strains.
8. • Types of patents
There are three types of patents:
Utility (for a process or machine)
Design (original graphical representations)
Plant (as in flora and fauna)
• Trade secret
Trade secrets are proprietary procedures, systems, devices, formulas, strategies
or other information that is confidential and exclusive to the company using
them. They act as competitive advantages for the business. It protects special
formulas, programs, or techniques you develop that are your own.
9. Problems of Intellectual Property Owners
High-quality copying
High-quantity distribution
Faster / easier copying
Less expensive
What is fair dealing?
• Fair dealing is a part of the Copyright Act, and allows for the reproduction
of copyrighted works for certain purposes without getting permission or
paying a fee. Some of the purposes for which fair dealing is allowed
include research, education, criticism, review and news reporting.
10. Fair dealing
• Six Factors of Fair dealing:
Purpose of the Dealing
Character of the Dealing
Amount of the Dealing
Alternatives to the Dealing
Nature of the Work
Effect of Dealing on the Work
• Purpose of the Dealing
This must be for one of the categories of fair dealing outlined in the Act.
These are research, private study, news reporting, criticism, review,
education, parody and satire.
11. • Character of the Dealing
This may include how many copies were made, and how or if the work was
distributed (to a large or small group, for example).
• Amount of the Dealing
This includes qualitative as well as quantitative measures. For example, it may
be necessary to deal with a whole work, such as reproducing an entire
photograph, in order to critique it; however, it is unlikely that it would be
necessary to reprint most of a book for the same purpose. If the amount taken
from a work is small no analysis is required, since the Act only protects a
'substantial' use of the work.
12. • Alternatives to the Dealing
If there is an equivalent non-protected work that could have been used instead
of the copyrighted work, the dealing can be said to be less fair. The question
when considering alternatives is whether the dealing is reasonably necessary
to achieve the purpose.
• Nature of the Work
This examines such factors as the publication status of the work.
• Effect of Dealing on the Work
If the reproduced work is likely to compete with the sales of the original
work, the dealing will tend to be less fair.
13. Protect Your Intellectual Property
To protect your IP from being compromised on the inside you can take
the following steps:
Ensure that information security plans include policies on the proper
protection of IP.
Establish procedures to ensure cloud storage security, train anyone
setting up storage in the cloud on these procedures, and monitor
adherence.
Have employees acknowledge IP agreements by regularly re-signing,
especially when leaving the organization.
Use monitoring software to watch actions taken on IP data, including
file transfer tracking and email transfer.
14. Role/Impact of Technology
The ease of copying digitized material and it is a “perfect” copy
Inexpensive digital storage media; such as DVDs, memory sticks, and flash drives
Compression formats that make music and movie files small enough to download,
copy, and store
Search engines make it easy to find material
Peer-to-peer technology allows easy transfer of files over the Internet
High speed Internet make transfers quick and easy
Smaller cameras and other equipment that enable audience members to record
and transmit media events
• Software allows amateurs to create new works using the works of others
• When looking on YouTube for songs you may see a “cover” of a song, or music
of another used in a video
• With the power of technology, we can all publish our works; such as blogs and
pictures. Also allowing us to copy, which then infringes copyrights