Intellectual property and electronic commerceSusan Isiko
e-Commerce in the WTO, copyright, trademarks, software, computer programs, patents, domain names, domain names dispute resolution, Bali 2013, Internet, digital technologies, role of international organizations and governments, institutions
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
How to Prevent Your Organisation’s IP from Being Stolen by Brian Miller Solic...Brian Miller, Solicitor
A whistle stop tour on copyright, trade marks, design rights, patents, website compliance, data security and putting your data in the cloud, presented by IP lawyer Brian Miller, Solicitor.
Software has tremendous commercial potential that’s growing every day. So when you work in a federal lab, you need to know how to harness it! Our webinar will help you figure out how to make this underestimated intellectual property (IP) part of your T2 strategy.
This webinar will help you understand the basics of software protection and commercialization, and how they can fit into your T2 program, including:
Methods of protecting software
GOGO and GOCO processes and their differences
Various software distribution models and their merits.
Our panel features three T2 experts in thinking out–of–the–box, who have made software work for them—Barry Datlof, Army Medical Research and Materiel Command; Kathleen McDonald, Los Alamos National Laboratory; and Aaron Sauers, Fermilab.
The panelists will also use participants’ input and feedback to hone the “Software Topics” session they’re presenting at this year’s national meeting—tailoring it to your needs.
How To Keep Your Apache Project's IndependenceShane Curcuru
How Apache open source projects can improve their reputation and longevity by attracting new contributors and by better managing their own brand and trademarks.
Intellectual property and electronic commerceSusan Isiko
e-Commerce in the WTO, copyright, trademarks, software, computer programs, patents, domain names, domain names dispute resolution, Bali 2013, Internet, digital technologies, role of international organizations and governments, institutions
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
How to Prevent Your Organisation’s IP from Being Stolen by Brian Miller Solic...Brian Miller, Solicitor
A whistle stop tour on copyright, trade marks, design rights, patents, website compliance, data security and putting your data in the cloud, presented by IP lawyer Brian Miller, Solicitor.
Software has tremendous commercial potential that’s growing every day. So when you work in a federal lab, you need to know how to harness it! Our webinar will help you figure out how to make this underestimated intellectual property (IP) part of your T2 strategy.
This webinar will help you understand the basics of software protection and commercialization, and how they can fit into your T2 program, including:
Methods of protecting software
GOGO and GOCO processes and their differences
Various software distribution models and their merits.
Our panel features three T2 experts in thinking out–of–the–box, who have made software work for them—Barry Datlof, Army Medical Research and Materiel Command; Kathleen McDonald, Los Alamos National Laboratory; and Aaron Sauers, Fermilab.
The panelists will also use participants’ input and feedback to hone the “Software Topics” session they’re presenting at this year’s national meeting—tailoring it to your needs.
How To Keep Your Apache Project's IndependenceShane Curcuru
How Apache open source projects can improve their reputation and longevity by attracting new contributors and by better managing their own brand and trademarks.
Sharon Toerek: Why Marketers Should Care About IPTraklight.com
Traklight guest, Sharon Toerek of Legal + Creative, hosts a webinar on Why Marketers Should Care About IP. Creatives at a company typically deal with more intellectual property than any other part of the company.
Sharon focuses on the most common areas of IP that effect markers. If you're creating content, copy, logos, or even on social media, this a must view. Learn about your rights as a creator and how to protect yourself from potential infringements. Can you repin on Pinterest without damages? Find out.
As a startup team, you create something—whether it’s software, a domain name, business logistics or a reputation—that falls within a class protected by the law. Some classes are protected automatically. Others require going through a registration, application or examination process. Fenwick lawyers Stephen Gillespie and Christopher Joslyn discuss what intellectual property is, why it is important and hot-button issues startups commonly face.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
3. Copyright
• Simple to invoke
– Fixation in a tangible medium
• Long period of protection
– Life of author + 70 years-single author
• Serious penalties
– Criminal, fines of up to $250,000 per offense
4. Copyright
• Registration is your best bet
– Gives you advantages
– Don’t mail it to yourself!!!
• Registering software
– First and last 25 pages of source code
– Elements you want to protect, can include
audiovisual elements
5. Copyright
• Owner gets a bundle of rights
– Reproduce work
– Display it publicly
– Make derivative works
– Distribute copies
– Perform the work- literary, dramatic works
– Perform via digital transmission- sound
recording
6. DMCA-Digital Millennium Copyright Act
• Covers sites where content is posted by
others
• Need copyright agent to receive takedown
notices, put back notices
• Viacom v. YouTube
– Upholds safe harbor protection for websites,
puts responsibility to enforce rights on
copyright owner instead
7. Copyright
• Know who owns the work, get permission
(license)
• Get permission in writing
• Don’t just rely on fair use
• Pay attention to terms of use, licenses
9. Trademark
• Source indicator for goods or services
• Matter of federal, state law
• Can include
– Names, slogans
– Logos
– Colors
– Scents
– Sounds
10. Trademarks
• Strongest protection- Federal registration
• Done by class of goods or services
• Can reserve mark prior to actual use
through application
• Test for infringement
– Likelihood of confusion
– Unauthorized use of mark
11. Trademark
• Standard: Use in commerce
– Strongest protection: federal registration
• Factors for strength of mark:
– Generic
– Descriptive
– Suggestive
– Arbitrary or Fanciful
12. Trademark
• New gTLDs
– Concern for trademark owners
– Over 1900 domains applied for with ICANN
• .app, .blog, .book, .sucks, .rip
• Applications being evaluated
• Some going to contract soon
– Trademark Clearinghouse
• Will give TM owners opportunity to object to
registrations for infringing domains
14. Privacy Policies
• And people want to
know what you’re
doing with their data
15. Privacy Policies and ToS
• …but let’s face it, most people just click
‘accept’ and here’s why…
Why We Just Click ‘Accept’
Trying to make
the update pop
up go away
So much tiny
font…
Just take me to
my download
already!
Boring!
16. Species of Privacy Laws
• Species of Privacy Laws
– FERPA
– HIPAA
– COPPA
– CALOPPA
– Potpourri of State Privacy Laws
– EU Data Privacy Laws
– Cloud
– Mobile Payments
17. Terms of Service or Use/EULAs
• Rules of the road
• Govern what you can do
– Hey, that’s my light saber!
• Apps w/ terms that conflict with the app
they work with
– i.e. SnapHack and Snapchat
18. COPPA
• Children’s Online Privacy Protection Act
(COPPA) (1998)
– Prohibits operators of commercial websites
and online services;
– From collecting or disclosing personal
information
– Of minors under age 13;
– Without verifiable parental consent
19. COPPA
– Notice required
• Operators must tell parents what information is
collected and how it is used, even if they consent
– Not just for Kids’ Sites
• Applies to any site that collects birth date
information from children
• Many sites forbid registration if D.O.B. indicates
user is under 13, to avoid COPPA problems
• COPPA prohibits conditioning a child’s participation in a
game, or the offering of a prize, on child disclosing “more
personal information than is necessary” to participate
20. CALOPPA
• California Online Privacy Protection Act
• Requires all commercial operators of
websites or online services conspicuously
post privacy policies to inform consumers
about
– Categories of PII being collected and
– With which 3rd parties the PII will be shared
21. CALOPPA
• New requirements- eff. Jan 1, 2015
– “Delete button”: Require retailer to allow minor
who is registered user to delete or request
deletion of any content posted by the minor
– Operators must provide minors with notice of
ability delete online content and instructions
– Operators prohibited from marketing or
advertising certain categories of products or
services to minors
22. CALOPPA
• Joint Statement of Principles
– With major app platforms
– Voluntarily agreed to
• Provide consumers with opportunity to review
app’s privacy policy before downloading
• Work to educate app developers about their
privacy obligations, and
• Develop tools for consumers to report non-compliant
apps
23. DMCA
• Make sure you have a copyright agent
• Register with the Copyright Office
• Have a takedown/put back policy
• Follow it!
24. Best Practices
• Keep it current
• Revisit often
• Keep it prominent
• Should be living documents
• Revise often, adapt to meet new needs
• Monitor FTC rulings, developments
• Be really careful about apps & kids
• Protect the data you collect
• Collect only as much data as you need
25. Open Source Software
• Software where source code is available
• Greater freedom to use, modify
• Great variety in license terms, types
• Can save you time, money
• But what does that license say?
26. Open Source- Who is
Licensing?
• Author
• Contributor
• Distributor
27. Licensing Spectrum
BSD/MIT CDDL/MPL GPL2/GPL3
Less Restrictive/Wide Open More Restrictive/‘Militantly Open’
28. Terms to Consider
1. Heredity
2. Copyleft
3. Linking
4. Open source improvements
5. Patent Grant
6. Merging
7. Distribution
8. Change tracking
9. Attribution
10. Hardware Locks
29. License Terms- Permissive
• Beer License
– Can do what you want with source code
• BSD
– Have to use copyright notice
• MIT
– More like a license grant
• Apache
– Patent grant, attribution requirement
30. Hybrid Licenses
• Usually revocable if you violate terms
• Eclipse
– Have to make source code available
• MPL, CDDL
– Very popular
– MPL requires new license for new
contributions
• Artistic License 2.0
• APL
31. Restrictive/Copyleft Licenses
• Keep software open source forever
• GPL, LGPL
• GPL2
• GPL3
• LGPL
– Exceptions for linking to use libraries
32. GPL 2 or Later
• GPL 2
– Strong copyleft
– No linking
– Can charge for object code, but must provide
source code
– Have to give attribution
– No hardware locks
33. GPL 3
• Major changes
– Cannot use with digital rights management
media
– Adds hardware lock protection
– Grant anyone using or modifying code license
to use patents that protect algorithms in code
– Can’t link to code w/ DMCA protections
34. Why Do the Licenses Matter?
• Can affect
– Products
– Company
– Finances
• And everyone’s
favorite….lawsuits!
36. Best Practices
• Know where every line of code came from
• Know what the license says
• Include required documentation
• Know what will trigger the license
• Cover open source issues in contracts
with suppliers
– Indemnities
• Train your team
37. More Tips
• Evaluate risk
– Value versus risks
• Be very, very responsive to claims
• Audit and track your IP
• Create policies and follow them
• Document compliance efforts
38. How Not to Provide Author Info
• Don’t just include link to generic license
• Have to provide the info to fill in the blanks
to help people comply
Creating a new work including the original work=a derivative work
Explain safe harbor- that provides operator with immunity if these procedures are followed.
Creators of contributions to Drupal retain their copyright, but agree to release it on same terms as Drupal- GPL 2 or later. Cannot limit it
All content on Drupal.org is licensed under Creative Commons- Attribution –Share Alike License 2.0.
Heredity- have to license subsequent versions on same terms. Merging- can you merge with software under a different license. Improvements- do subsequent works have to be open source too. Warranties- many provide that the software is provided as is, can be a risk, also can be infringement risk. Miscellaneous- choice of law, venue
BSD- Berkeley Software Distribution . BSD- others can make it proprietary
Revocable- means if you violate terms, you can’t use it anymore. Can be a big problem for you if you are using it in your product. CDDL was developed by Sun, Mozilla cleaned it up, came up with MPL. MPL 1.1 license revokes from moment you start using software- hasn’t been tested. MPL forces anyone who contributes or the author to license for a separate piece of the code, CDDL does not. Some have patent grants in them, some don’t.
GPL3- added patent grant, prohibition against using licensed software with DRM, has hardware lock protection- Tivo. Incompatible with most other licenses.
BusyBox litigation over violation of license for software, affected a number of major companies, including BestBuy. BestBuy didn’t make the DVD players, went back up the chain, turned out chip maker used open source software. Couldn’t get out of suit. Table Turner case similar, writer of software found it was being sold without attribution. Court held copying is infringement, not mere breach of contract. Palm Pre runs on Linux Kernel. Kernel is licensed under GPL, so any improvement to it has to be licensed. Copyright holder sued Palm, case settled.
Including the documentation can be easy, just put it in a readme file or something similar.
A lot of lawsuits have resulted because the software developer felt ignored by the company.
Court in Jacobsen case noted that license used was one of the more permissive, and was relatively simple to follow- copyright notice, license terms and a description of all modifications to the software. Court in Jacobsen noted that conditions were part of the bargain Jacobsen made when he made his software available for free, and because they were a condition of the license, the conduct of the licensees was outside what the license allowed, and made them liable for copyright infringement rather than breach of contract.