AC LORRAIN - INT course of Intellectual property law
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The document summarizes the legal protection of computer programs and databases under European law. It discusses how software is protected by copyright as literary works under the 1991 Software Directive. Databases can be protected by copyright if the selection or arrangement is original, and the 1996 Database Directive provides a sui generis right if their production required substantial investment. The document outlines the rights granted and exceptions for software copyright and the definitions and requirements for database protection.
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Presentation held on 6th November 2015 in ITechLaw's European Conference in London where I led ITechLaw's IP Committee's workshop. We discussed the recent decisions affecting protection of functional elements of computer programs via copyright in light of SAS v. WPL and Oracle v. Google cases, as well as the related Finnish case law. In this interactive session we covered copyright protection for functionalities in computer programs, programming languages, interfaces, and several other interesting topics comparing EU and US regimes, also covering right to contractually limit information in public domain in IT sector and other fields. Statements were intentionally provocative to facilitate discussions so these do not necessarily represent my personal views.
Intellectual Property: Presentation on IP in IT : Global Strategy - BananaIP
Intellectual Property: Presentation on IP in IT : Global Strategy - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
TYBSC IT SEM 6 IPR/CL
Intellectual Property: Introduction, Protection of Intellectual Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, Unfair Competition
Information Technology Related Intellectual Property Rights Computer Software and Intellectual Property-Objective, Copyright Protection, Reproducing, Defences, Patent Protection. Database and Data Protection-Objective, Need for Protection, UK Data Protection Act, 1998, US Safe Harbor Principle, Enforcement. Protection of Semi-conductor Chips-Objectives Justification of protection, Criteria, Subject-matter of Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-Objectives, domain name and Intellectual Property, Registration of domain names, disputes under Intellectual Property Rights, Jurisdictional Issues, and International Perspective.
Patents (Ownership and Enforcement of Intellectual Property) Patents-Objectives, Rights, Assignments, Defences in case of Infringement Copyright-Objectives, Rights, Transfer of Copyright, work of employment Infringement, Defences for infringement Trademarks-Objectives, Rights, Protection of good will, Infringement, Passing off, Defences. Designs-Objectives, Rights, Assignments, Infringements, Defences of Design Infringement
Enforcement of Intellectual Property Rights - Civil Remedies, Criminal Remedies, Border Security measures. Practical Aspects of Licencing – Benefits, Determinative factors, important clauses, licensing clauses.
Cyber Law: Basic Concepts of Technology and Law : Understanding the Technology of Internet, Scope of Cyber Laws, Cyber Jurisprudence Law of Digital Contracts : The Essence of Digital Contracts, The System of Digital Signatures, The Role and Function of Certifying Authorities, The Science of Cryptography Intellectual Property Issues in Cyber Space: Domain Names and Related issues, Copyright in the Digital Media, Patents in the Cyber World. Rights of Netizens and E-Governance : Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber Crimes and Cyber Laws
Information Technology Act 2000 : Information Technology Act-2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to 45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64 and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90), Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008.
Art. 13(1) of the © in DSM Directive: a comparative perspective
This document analyzes Article 13(1) of the EU Copyright Directive, which requires online platforms to implement content recognition technologies to detect copyrighted content. The article argues that content recognition technologies are technically flawed, impose high costs, and do not properly balance copyrights with other rights like privacy and freedom of expression. Additionally, the article notes that the EU Court of Justice has previously found member states must balance copyright with other fundamental rights when implementing EU directives. The article concludes that Article 13(1) risks upsetting this balance and treating online platforms as private copyright enforcers.
TRIPs Treaty and Computer Programs
This document summarizes a presentation given by K. Ramanraj on the TRIPs treaty and its implications for computer programs. Some key points:
- TRIPs requires that computer programs, in source or object code, be protected as literary works under the Berne Convention. However, some states like the US and EU allow software patents, conflicting with TRIPs.
- India amended its laws in 1994 to extend copyright protection to computer programs based on obligations in TRIPs. The amendments protect computer programs as literary works under copyright law.
- Attempts to amend Indian patent law to allow software patents met opposition and the amendment was dropped in 2005 on the grounds that it is not required by TRIPs and is against India
Planned obsolescence and_drm
This document discusses how intellectual property laws and digital rights management tools can be used to cause planned obsolescence of smart devices and limit ownership rights. It notes that centralized control of information through these tools can restrict individual liberty, autonomy, and innovation. The document examines topics like how IP intersects with issues of personal property, privacy, and competition. It analyzes court cases related to exhaustion of copyrights and legal protections for technological protection measures. The document argues for rethinking and reforming intellectual property laws and copyright to address problems caused by digital rights management and planned obsolescence.
Intellectual Property Rights (IPR) of Computer Software
This document discusses whether computer software is copyrightable and/or patentable under intellectual property law. It begins with concluding that computer software can be both copyrightable and patentable. It then reviews literature from organizations like WIPO and EPO that establishes computer programs having technical character can be patented. The document analyzes the software development process, finding the algorithm, source code, and technical solutions it embodies are patentable. Embedded software in products is also patentable. While object code is solely copyrightable, algorithms and source codes can be both copyrighted and patented. Mathematical equations used in a technical process, like encryption algorithms, can also be patented.
MASTERARBEIT - Consuelo Álvarez 31_07_2014
This document summarizes a master's thesis that examines when copyright offers less protection than design rights. It provides context on international and European design protection. The key points are:
1. Design protection has been harmonized in Europe through regulations and directives, but copyright laws still vary by country.
2. Community design rights and national design rights in countries like Germany offer advantages over copyright like an exact date of creation, up to 25 years of protection, and seizure of infringing goods.
3. Copyright protection requires a lower threshold of originality in some countries, but also has limitations like fair use exceptions.
4. The thesis aims to research when copyright offers less scope of protection than design rights by comparing
Presentation on hadopi laws
The document discusses two French laws, Hadopi #1 and #2, which established the High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) to address internet piracy through a three-strike warning system and allow for the suspension of internet access, with Hadopi #2 delegating sanctioning power to criminal courts.
01 Richard Owens W I P O
This document summarizes the history and current issues around intellectual property rights (IPRs) and software. It discusses copyright and patent protection for software, challenges around open source software licenses, the debate around software patents, and efforts by organizations like WIPO to promote awareness and study of these topics. The conclusion emphasizes that both open source and proprietary models have roles to play, and that choices should be made based on business and technical needs.
Intellectual Property, Sri Lanka and Copyrights
The document summarizes copyright law in Sri Lanka. It discusses that copyright is governed by the Intellectual Property Act No. 36 of 2003. Copyright protects literary and artistic works and provides economic and moral rights to authors. Works are automatically protected upon creation without registration. Copyright lasts for the life of the author plus 70 years. Fair use provisions allow limited use for purposes like research and education. Infringement of copyright is a criminal offense punishable by fines and imprisonment.
Kees stuurman
Location based services (LBS) use location data from mobile devices and other technologies to provide services, but this data is considered personal data under European law. The EU has directives on data protection and e-privacy that regulate LBS as a complex system. The US takes a more self-regulatory approach. As technologies evolve to track more networked devices, balancing benefits of LBS with privacy threats will require public debate and solutions involving technology, regulation, and education.
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New statutory limitation for Text Data Mining - a Pyrrhic victory? | www.euda...
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Intellectual Property: Presentation on IP in IT : Global Strategy - BananaIP
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The document discusses standards and intellectual property rights (IPRs) in information and communications technology (ICT) standardization. It provides background on ANEC and TACD, two organizations that advocate for consumer interests in standardization. ANEC and TACD believe standards can help promote interoperability, competition, and consumer choice. They argue governments should support open standards through procurement policies and address IPR issues that hinder interoperability. The document proposes governments develop a "toolbox" of policies, legislation, and voluntary approaches to satisfy consumers' needs.
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AC LORRAIN - INT course of Intellectual property law
- 1. INT , 6 November 2006 Anne-Catherine LORRAIN Legal Adviser PhD Candidate in Intellectual property & ICT law CERDI (Centre d’Etudes et de Recherche en Droit de l’Immatériel), Universities Paris I Sorbonne / Paris Sud aclorrain@gmail.com Master in management International business law # Law for Communication and Information Technology Legal protection of computer programs and of databases
- 4. Legal protection of computer programs (Software)
- 34. Conference on interoperability Faculté Jean Monnet, Sceaux Université Paris Sud 10 November 2006 (from 9 a.m. to 5 p.m.) Registration at colloque@ interoperabilite .net