Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
This presentation will be covering intellectual property, tips, case studies, and where the industry is heading for each industrial, communication and interaction design, and also an interview with developer and designer, Audrey Tang, about open sources and creative commons
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A collection of articles on patents, software and technology.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Time to learn intellectual property for managers is now!
This handout is meant to provide basic FAQ related to copyright law for artists of any medium. Because we regularly help writers, visual artists, and others, we find these are the most commonly asked questions.
The information in this handout is for informational purposes only and should not be considered legal advice.
Because each individual’s situation is unique, please consult an attorney.
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission. Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand. This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-trademarks-2020/
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
This presentation will be covering intellectual property, tips, case studies, and where the industry is heading for each industrial, communication and interaction design, and also an interview with developer and designer, Audrey Tang, about open sources and creative commons
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A collection of articles on patents, software and technology.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Time to learn intellectual property for managers is now!
This handout is meant to provide basic FAQ related to copyright law for artists of any medium. Because we regularly help writers, visual artists, and others, we find these are the most commonly asked questions.
The information in this handout is for informational purposes only and should not be considered legal advice.
Because each individual’s situation is unique, please consult an attorney.
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission. Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand. This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-trademarks-2020/
ETHICS09 - Case Study - The Cuckoo's EggMichael Heron
An overview of the hacking incident documented in the book 'The Cuckoo's Egg'. Intended for computing students as part of a professional and ethical issues module.
This is an intermediate conversion course for C++, suitable for second year computing students who may have learned Java or another language in first year.
Watching your invention or any idea to be under someone else’s ownership, be it a book or a machine. So, you start considering the options to get copyright, patent or trademark for your product and legally have the authority. But what should you opt for? Should you trademark your product or get a patent for it? Don’t worry as after reading this guide on Copyright Vs Trademark Vs Patent.
Wiser Market offers proactive online brand protection services worldwide. Whether you wish to fight counterfeiting, protect your domain name, prevent trademark, copyright and brand infringements or combat gray market selling and knockoffs, Wiser Market is your partner in countering online threats and protecting your brand’s revenue, profitability, reputation, customer service and brand trust. We defend your brand so you can grow your business. Visit us at https://www.wisermarket.com/
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
Meeple centred design - Board Game AccessibilityMichael Heron
Delivered at the UK Games Expo on Friday 1st of June, 2018 . In this seminar, Dr Michael Heron and Pauline Belford of Meeple Like Us discuss the topic of board game accessibility and why support for people with disabilities within the tabletop gaming community is important - not just for its own sake, but for all of us.
Pages referenced here:
Meeple Like Us: http://meeplelikeus.co.uk
The Game Accessibility Guidelines: http://gameaccessibilityguidelines.com/
Eighteen Months of Meeple Like Us:
http://meeplelikeus.co.uk/eighteen-months-of-meeple-like-us-an-exploration-into-the-state-of-board-game-accessibility/
Meeple Centred Design: http://meeplelikeus.co.uk/meeple-centred-design-a-heuristic-toolkit-for-evaluating-the-accessibility-of-tabletop-games/
This is an intermediate conversion course for C++, suitable for second year computing students who may have learned Java or another language in first year.
This is an intermediate conversion course for C++, suitable for second year computing students who may have learned Java or another language in first year.
This is an intermediate conversion course for C++, suitable for second year computing students who may have learned Java or another language in first year.
This is an intermediate conversion course for C++, suitable for second year computing students who may have learned Java or another language in first year.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
2. +
Introduction
One of the things that you will do as you go through your careers
is develop intellectual property.
Understanding your rights and responsibilities with regards to this is
important.
In this lecture we’re going to talk about what constitutes intellectual
property, how it is assigned, and why you need to care.
And you do. Sorry.
Some of the reasons for this we touched on in our lecture on the
killer robot.
Others are new today.
First, a video:
http://www.youtube.com/watch?v=7Q25-S7jzgs
3. +
Ownership of Work
Usually, salaried and contract employees work as ‘work for hire’
That which is created as part of his or her job is owned by the
company.
Work ownership is usually assigned, or in more flexible
environments emerges organically as a result of established
‘authorial credibility’
The individual who did the work is not considered to be the
‘official author’
The company is the legal author of the work, and thus the
exemptions and legal obligations fall to them.
4. +
Code Ownership
In other contexts, ownership is strictly defined by a contribution
agreement.
A license, in open source terms.
You as an author can set out a licensing agreement which defines
the terms under which others can use your work.
Many open source projects require a particular license.
Contributions will not be accepted if not released according to that
license.
This is as much to ensure conceptual tractability as anything else.
Consider wikipedia.
Unless otherwise stated, licenses are revocable.
Someone can come along later and rescind your right to use their work.
5. +
Work Ownership and Copyright
The legal author of a piece of work can determine the extent to
which it can be copied.
In work for hire, it is the employer and not the employee.
Copyright is automatically granted (although it can be hard to
prove you own the copyright if you don’t take additional steps to
prove it).
There are certain exemptions to an author’s absolute right to
police how a work may be copied and used. These vary from
region to region.
Fair use
Review or parody
Format shifting
6. +
Work Ownership and Derivative
Works
An open source license is an expression of the author’s
copyright.
In it, the author will outline the rights of users with regards to
modifying the work.
Modified work is classed as a derivative work, and a license will
usually limit what terms under which derivative work may be
released.
Often a ‘you can create derivative works provided this license remains
intact’ provision.
Bug-fixes and such count as modifications to code, which results
in the changed version being a derivative work of the original.
7. +
Derivative Work Ownership
Who owns a derivative work?
In the case of ‘in house work’ where all developers are ‘work for hire’,
it’s still the employer.
For projects with no work for hire, it becomes more complicated.
What about adding a file to a collection of existing files?
What about static or dynamic linking?
What about extensions to an existing system?
Systems with multiple components?
What about work that makes use of other works but doesn’t infringe on
them?
The exact nature of what counts as a derivative work is a legal
grey area, like so many things, and the ownership is also hard to
assign.
8. +
Derivative Work Copyright
In order for an author to have derivative work copyright, it must
satisfy copyright law’s requirement of originality.
You can’t just rewrite what exists in an unoriginal way and assert
derivative work copyright.
The rights accrued to the owner of a derivative work are more
limited than that of the main copyright holder, and they are not
reciprocal.
You are under no obligation to make your code available to the original
copyright holder, but must be wary of the dangers that go along with
licenses being rescinded.
Bear in mind little of this has been legally tested in anything other
than the most restrictive ways.
It’s all a legal grey area.
9. +
Transformative Derivative Works
One other consideration in certain jurisdictions is the extent to
which a derivative work is transformative.
The degree to which it provides a new benefit that was not previously
available.
For example, a band doing a largely generic cover of a song is not
a derivative work – there is no originality and there is no
transformative benefit.
A radically different scoring that gave a new perspective (c.f. the
various different versions of Leonard Cohen’s Hallelujah) might
classify as being transformative.
http://www.youtube.com/watch?v=WJTiXoMCppw
http://www.youtube.com/watch?v=vIw0ewEsNHs
http://www.youtube.com/watch?v=xaWLsgxDzuw
10. +
Copyrights, Trademarks and
Patents
Three issues that relate to intellectual property are the
concepts of Copyright, Trademarks and Patents.
They are not interchangeable.
Copyright is the legal concept that covers, as you might expect,
the right to copy.
More importantly, the right to say who else can copy.
Initially, copyright was intended to encourage innovation by
giving inventors an exclusive right to commercially benefit from
their inventions.
Limited by a copyright term at which point it falls into the public
domain.
11. +
Copyrights, Trademarks and
Patents
Three issues that relate to intellectual property are the
concepts of Copyright, Trademarks and Patents.
They are not interchangeable.
Copyright is the legal concept that covers, as you might expect,
the right to copy.
More importantly, the right to say who else can copy.
Initially, copyright was intended to encourage innovation by
giving inventors an exclusive right to commercially benefit from
their inventions.
Limited by a copyright term at which point it falls into the public
domain.
12. +
Copyright, Trademarks and Patents
The exact interpretation of copyright differs from jurisdiction to
jurisdiction.
Although international copyright agreements have gone some way
towards standardising.
Terms of copyright have increased substantially over the years.
http://en.wikipedia.org/wiki/File
:Copyright_term.svg
13. +
Copyright
Copyright doesn’t apply to everything. It applies to:
Text
Images
Video and Pictures
Audio Recordings
Computer Programs.
You don’t need to do anything special to register a copyright.
You get it as soon as you fix a representation of something. Proving you did that though
can be more difficult.
Certain things cannot be protected by copyright.
Ideas
Facts
Titles
Names
Short Phrases
14. +
Trademark
A trademark by comparison is a kind of branding
A distinctive sign that differentiates you from a competitor.
There are many things that can be trademarks:
Logos
Words
Phrases
Names
Slogans
These only apply if they serve to:
Distinguish you from another and to indicate the source of a good.
Distinguish you from another in the provision of a service.
To be used by others for certification.
To indicate membership of some form of union or association.
15. +
Trademark
Unlike copyright, trademarks must be registered.
Through the Intellectual Property Office for the United Kingdom.
Trademarks cannot be registered under certain circumstances:
Terms that have become customary
Terms that are not distinctive
Logos that are three dimensional, if the logo mirrors the product
Logos which are protected emblems
If they are offensive
If they are against the low
If they are deceptive
16. +
Patent
A patent is a set of exclusive rights given to an inventory of
something in exchange for public disclosure of that invention.
They cover how things work, what they do, how they do it, what
they’re made of, and how they are made.
(http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm)
In order to be awarded a patent, an invention needs to fulfil
certain criteria:
They need to be new
Have a non-intuitive inventive step
Be capable of use in some way
17. +
Patent
Certain things cannot be patented.
Scientific or mathematical theories or methods
Literary works (use copyright for this)
A way of performing a mental act (such as a way of playing a game)
The presentation of information
Animals or plants
Medical treatments or diagnosis
Anything against public policy or morality
Patents must be actively registered, and actively renewed.
Additionally, they extend only to specified patent zones. If you want
international patents, you’ll need to pay for them.
18. +
Infringement
Copyright infringement is the one that is most in the public
consciousness.
As a result of bittorrent and other such sites for easy obtaining of
‘content’
The sheer scale of infringement makes it difficult to fight.
And the decentralized nature of the internet makes it easy for
infringers to ‘fight back’
All kinds of methods used to identify infringement.
Digital fingerprints
Downloading files under the authority of a copyright holder
‘Dial home’ systems
19. +
Infringement
Trademark infringement is usually easier to detect.
After all, a trademark is a public declaration.
It only applies in the case of customer confusion – when one
trademark is likely to confuse likely customers of another.
Several criteria usually used:
Strength and similarity of the mark
Proximity of the goods and category of goods
Evidence of actual confusion
Marketing channels used
Likelihood of expansion into competing product lines
Consider Apple Computers versus Apple Corps
20. +
Infringement
The biggest case in recent years regarding patent infringement
has been Apple versus Samsung.
Patent infringement occurs when a party uses, manufactures,
sells or imports a patented technology.
Such claims are highly contentious and the growing practise of
patent trolling has resulted in it being a highly charged issue.
Patents by themselves have become commercial valuable,
even if someone has no intention of using it.
Some large companies even go to the extent of buying smaller
companies because of patents they own.
21. +
Infringement
Unfortunately, these protections are conceptual in the cases of
most people.
These are legal protections if you can afford to pursue claims.
In many cases, copyright infringement is considered an
‘acceptable risk’
Because the copyright owner is unable to finance an often
expensive legal battle.
This can make certain kinds of protection infeasible.
Trademarks imply a burden of policing on the holder of the
trademark.
The owner is required to make sure that the mark doesn’t lose
distinctiveness or dilute the brand.
22. +
Infringement
There is a danger of a protected trademark being conflated with a general
concept.
At which point the trademark ceases to have any use in being distinctive.
Several examples:
Hoover for vacuum cleaner
Xerox for photocopying
Aspirin for acetylsalicylic acid
Yo-yo for – well, yo-yos
Trademark erosion occurs when a trademark becomes so common that it
starts to become a generic name.
Owners have the legal responsible of preventing erosion by policing their
trademark.
Sometimes known as genericide.
23. +
Infringement
Trademark owners must aggressively police their trademarks.
Which is why a number of companies and IP owners crack down heavily
on ‘fan work’
When a trademarked property is used without proper
authorization, trademark owners must be prepared to battle the
use legally.
Often with a cease and desist letter from a lawyer.
Often this is a no-win proposition.
The brand is often damaged either way, in the protecting and in the
tolerating.
Not always though - http://mashable.com/2012/07/22/jack-daniels-
trademark-letter/
24. +
Infringement
Typically there is a progression of avenues available to those who
wish to protect their IP.
Before lawyers need to be involved.
First, it is necessary to ensure you have the right to take legal
action at all.
Are you the legal owner of a piece of intellectual property? If not, take
your seat.
Next, you need to confirm that an infringement has taken place.
Get some second opinions. What seems like obvious infringement to
you may not seem so clear to others.
http://www.youtube.com/watch?v=rbhsdNDF0KM
http://www.youtube.com/watch?v=wW5wwi4ahLc
http://www.youtube.com/watch?v=f4YquaDr5a8
25. +
Infringement
Next, it’s important to gather evidence which is the key to a
successful case being made.
Get a copy of the infringing work.
Get a copy of your own work, annotated with examples of similarity.
If formal metrics are available, use those to generate a similarity
report.
A copy of any registered form of your work (if it’s different)
Sometimes work will evolve after it has been registered. Both the
current and original form should be analysed
If formal registration is available, make a note of the date of registration.
Get dated documents that show your ownership over the IP.
Put together a portfolio of drafts, diagrams and notes to show the
evolution of ideas
26. +
Infringement
Next, contact the infringer and put forward some fair and reasonable way
to settle the dispute. This should incorporate an overview of your case.
What is being infringed?
How is it being infringed?
What kind of IP is being infringed.
State that the infringement must stop and outline by what criteria you will define it
as having stopped.
State a deadline for compliance.
Indicate, if necessary, your willingness to pursue legal avenues if your requests
are not met.
Usually the goal here is to seek an end to infringement, not seek financial
compensation which can be difficult to prove.
Further steps involve seeking legal advice from a qualified solicitor.
27. +
Prior Art
One final topic that needs addresses is the concept of prior art.
Prior art is the set of public information that may be relevant to a patent’s claim of
originality.
If there is no originality, the patent is invalid.
Trade secrets (information not disclosed to the public) does not count as
prior art in most situations.
Prior art requires enough information that a person skilled in the art of a
field would be able to use it to invent the thing covered by a patent.
The due diligence associated with patents requires a prior art search
before a patent is granted, ensuring:
Novelty
Validity
Clearance
28. +
Example: Apple v Apple
Two companies with the same name.
Apple Corps, the Beatles’ record company
Apple Computers, the computer company.
Case was fought, on and off, from 1978 to 2006 over the issue
of trademark.
Initially filed by Apple Corps against Apple Computers citing
trademark infringement.
Apple settles out of court with an $80k settlement. As a condition of
the settlement, Apple Computers agree to never enter the music
business, and Apple Corps agree to never enter the computer
business.
29. +
Example: Apple v Apple
In 1986, Apple Computer added significant sound capabilities to
their computers.
Apple Corps sued again, claiming violation of the 1981 agreement.
Apple was forced to end in many ways the evolution of their sound
capabilities in their computer.
In 1991, Apple Computer was forced to pay around $26M to Apple
Corps for including the sampling sound system Chime to the Mac
OS.
Apple Corps held the trademark on ‘any creative works whose principal
content is music’
Case hung on how the software was distributed – on a physical disc,
which meant they were guilty of selling and distributing physical musical
materials.
30. +
Example: Apple v Apple
In 2003, Apple Corps sued again for breach of contract in relation to the
creation of the iTunes Music Store.
Case opened in 2006.
Apple Computers was found not to have infringed.
The parties acknowledge that certain goods and services within the Apple
Computer Field of Use are capable of delivering content within the Apple Corps
Field of Use. In such case, even though Apple Corps shall have the exclusive
right to use or authorize others to use the Apple Corps Marks on or in connection
with content within subsection 1.3(i) or (ii) [the Apple Corps catalogue and any
future music], Apple Computers [sic] shall have the exclusive right to use or
authorize others to use the Apple Computer Marks on or in connection with goods
or services within subsection 1.2 [Apple Computer Field of Use] (such as
software, hardware or broadcasting services) used to reproduce, run, play or
otherwise deliver such content provided it shall not use or authorize others to use
the Apple Computer Marks on or in connection with physical media delivering pre-
recorded content within subsection 1.3(i) or (ii) (such as a compact disc of the
Rolling Stones music)
31. +
Example: Apple v Apple
In 2007, tensions cooled between the two companies. Apple Inc
and Apple Corps announced a settlement in which Apple Inc
would assume ownership of all Apple trademarks.
Some of these in turn would be licenced back to Apple Corps.
The terms of the settlement are confidential.
Some estimates put the settlement at a cost of round $500M for
Apple Inc.
The settling of this issue finally allowed for a massive gap in the
iTunes catalogue to be filled
They were able to start making the Beatles available for digital
download, which was something that could not previously have been
countenanced.
The eventual inclusion of the Beatles however was also
dependant on another legal battle against EMI.
32. +
Conclusion
Copyright law is complex, but we’re all beholden to it.
All the time. Seriously, it’s just crazy.
The rights that you have as someone who develops intellectual
property are influenced by several factors.
Including the terms under which you work for an employer.
Intellectual Property mostly branches out into three topics.
Copyright
Trademarks
Patents
Each is registered differently, protected differently, and
legislated differently.