LC3117 CLE WEEK 11-14 FINAL NOTES

Intellectual Property Rights, Copyright, Trademark, Patent, Industrial Designs, Geographical Indications, Creative Commons, Fair Use

INTELLECTUAL PROPERTY

DEFN: Creations of the mind, like inventions, artworks, designs & symbols used in commerce

Multiple people can use them at the same time

Initial development is costly, but reproduction is cheap

5 EXAMPLES OF INTELLECTUAL OBJECTS

1. Musical Compositions

2. Poems

3. Inventions

4. Product Formula

5. Novels

INTELLECTUAL PROPERTY ISSUES

• Ownership rights can be problematic

• Defining creators & owners is essential

• Legal protection for creators’ & owners’ interests

• Safeguarding IP from unauthorised copying

• Balancing interests with the public

IMPACT OF COMPUTING TECHNOLOGIES

Technologies made it easy to copy and distribute IP:

• Compression formats for music/movie files.

• Scanners for converting printed text/photos to digital.

• Computer networks for distributing digitized material.

• Peer-to-peer technology for file transfer.

• World Wide Web for finding and downloading material.

• Inexpensive digital storage media.

5 TYPES OF INTELLECTUAL PROPERTY (C.P.T.ID.GI)

1. Copyright: Rights creators have over literary and artistic works, like books, music, paintings, and films.

2. Patents: Exclusive rights granted for an invention, allowing the owner to decide its use.

3. Trademark: A sign distinguishing goods or services of one enterprise from others.

4. Industrial Designs: The ornamental aspect of an article, like its shape or surface.

5. Geographical Indications: Signs on goods with a specific geographical origin and unique qualities, reputation, or characteristics. Often includes the place of origin's name.

COPYRIGHT

• Creator’s rights over their literary & artistic works (e.g. books, music, art), which allows them to control the reproduction, performance & distribution of their work

  • Includes: Novels, poems, computer programs, newspapers, plays, choreography, musical works, sculpture, architecture, maps, technical drawings, paintings, & photographs

• Lasts the author’s lifetime plus 70 years

• In software, copyright can protect algorithms

• E.g. ‘To Kill A Mockingbird’, ‘Borneo Bulletin’

PATENTS

• Exclusive right granted for an invention, giving the owner control over how it’s used

• BUT, technical details of the invention are made public

• Inventions must be new & unique, involve an inventive step, & be industrially applicable

• E.g. Dyson Vacuum Cleaner, A new medicine

TRADEMARKS

• A unique sign like a word, phrase, or symbol that distinguishes one company’s goods or services from others

• Prevents unauthorised use of these identifiers

• Violations occur through infringement (unauthorised use) & dilution (blurring the distinctiveness or tarnishing the reputation)

• E.g. Nike, Adidas, McDonald’s, iPhone, PlayStation

INDUSTRIAL DESIGNS

• The unique appearance of a product, including its shape, pattern, or ornament

• DOES NOT cover construction method

• Aims to make products visually different

• E.g. Coca-Cola Glass Contour Bottle, Tesla Model S

GEOGRAPHICAL INDICATIONS

• Signs used on goods that link them to a specific geographic region

• E.g. Champagne, France and its sparkling wines

• E.g. Darjeeling Tea from Darjeeling, India

BENEFITS OF IP PROTECTION

• Gives creators control over their work & prevents misuse

• Rewards producers’ efforts

• Encourages innovation & creativity

• Enhances business’ value, turning ideas into profitable assets & generating income for the economy

LIMITATIONS OF IP PROTECTION

• Society benefits when inventions are freely accessible

• Balances the need to reward creators & the wider benefit of disseminating ideas

FAIR USE PROVISION (N.C.C.T.SR)

• The use of copyrighted material under certain conditions

• Aims to balance creators’ interests with society’s need for free idea exchanges

  • E.g. News reporting, criticism, comment, teaching, scholarship & research

• Factors for fair use: The purpose of use, the amount use, and the impact on the potential market for the copyrighted work

CREATIVE COMMONS

• A non-profit org providing different copyright licenses, allowing creators to decide how their work is shared, used, & remixed

• Aim to increase free creative content for the public

CC0 (CC ZERO)

• Public dedication tool by Creative Commons, allowing creators to give up their copyright, placing their works in the worldwide public domain

• Enables others to freely distribute, remix, adapt, & use the material unconditionally

CASE FOR - COPYING SOFTWARE

1. Over-Priced Perception

2. Not Perceived as Stealing (Intangible Nature)

3. Global Access Inequalities

CASE AGAINST - COPYING SOFTWARE

1. Illegal Activity (Piracy)

2. Economic Impact

3. Removes Incentive to Innovate

4. Malware Risk

RELATED RIGHTS

Related with copyrighted works.

Includes: sound recordings, films, broadcasting, cable programs & published editions