This document discusses various topics related to technology and law, including intellectual property, patents, copyrights, trademarks, trade secrets, employment agreements, and non-compete clauses. It explains the purpose and protections of each, how they are obtained and enforced, as well as some of the issues that can arise.

1. Technology and Law
CS 404 – Computers and Society
Charles D. Knutson

2. Intellectual Property
• The other "IP"
• A legally granted monopoly
– Why should the government grant a monopoly to
someone for some technology?
– What are the advantages and disadvantages?

3. Intellectual Property
• Fundamental motivation…
• Provide a limited monopoly to the inventor
– Reward innovation and creativity
– Protect the rights of the creator
– Foster future innovation and creativity

4. Intellectual Property
• Fundamental problems…
• Patent holder may not be the inventor
• Patent portfolio holding companies where the
focus is on litigation
• Burgeoning patent system in which everything
has to be patented in order to not lose the
company in some lawsuit

5. Intellectual Property
• Patents
• Copyrights
• Trademarks
• Trade Secrets
• Employment Agreements
• Intellectual Property Rights
• Non-Compete Clause
• Non-Disclosure Agreements

6. Patents
• A set of exclusive rights (limited monopoly)
– Limited time period
– Right to exclude others from practicing the claims
• Must be new, inventive, useful or industrially
applicable
• Must be non-obvious to one of ordinary skill
in the art at the time of the invention

7. Patents
• Prosecution
– Process of applying and following through the
process of patent approval
– "patent pending"
• Patent format:
– Written description
• Modes or embodiments
– Claims
• Independent and dependent claims

8. Patent Infringement
• Using the invention without permission of the
patent holder
– Must practice all the limitations of one claim
• Direct infringement
– A party manufacturers, imports, sells, or offers for
sale technology that practices the patent
• Indirect infringement
– Induced infringement
– Contributory infringement

9. Copyrights
• Exclusive rights to the author or creator of an
original work
– Right to copy, distribute and adapt the work
– Limited time, then "public domain"
• Almost any creative work can be copyrighted
• Automatically obtained without registering

10. Copyrights
• Fair use
– Limited use of copyrighted material without
permission
– Commentary, criticism, news reporting, research,
teaching, scholarship

11. Copyright Laws
• Audio Home Recording Act (1992)
– Prohibits action against consumers making
noncommercial recordings of music
– Royalties paid on media and devices
• Digital Millennium Copyright Act (1998)
– Prohibits use of devices whose intended use (or
sole significant use) is to bypass an access or copy
control put in place by the copyright holder
– Criminalizes production and use of devices
– Unanimously approved by the US Senate

12. Trademarks
• Distinctive sign or indicator by a legal entity to
identify products or services to consumers
– Mark, brand, logo
• Trademark ™
– Common law trademark rights
• Registered Trademark ®
– Offers a set of exclusive rights to the registered
owner

13. Trade Secrets
• Formula, practice, process, design,
instrument, pattern or compilation of
information which is not generally known or
reasonably ascertainable by which a business
may obtain an economic advantage over
competitors
– Recipe for Coca-Cola
• Protection never expires
• Enforced by non-disclosure agreements
• No protection against independently
duplicating the secret

14. Employment Agreements
• Typically two choices
– Sign the document
– Look for work elsewhere
• Company seeks to preserve its competitive
advantage
– All forms of Intellectual property
– Investment in the individual
• Recognizes the creative nature of engineering

15. Intellectual Property Rights
• Company generally owns whatever you create
• Engineering work is creative
– Flashes of inspiration can occur anywhere
• Typical limitations on nature of the work
• Company generally gets the right of first
refusal, after which the inventor can go and do
• Company may or may not want the spin-off

16. Non-Compete Clause
• Says you won't leave the company, take what
you learn and go compete with it
• Protects the company's investment in you
• More restrictive clause should be
accompanied by suitable compensation
• Restrictions should not be overly vague

17. Non-Disclosure Agreement
• Commonly referred to as an "NDA"
• Standard business practice when engaging in
business negotiations
– Contracts, sales, mergers, partnerships, etc.
• Typically standard boilerplate
• Ultimately still relies on good faith of the
participants
– Never enter into an NDA with someone you don't
already trust