Lecture 1 – Introduction to IT Law & Intellectual Property Rights

These flashcards review key definitions, statutes, and concepts from Lecture 1, focusing on IT Law, intellectual-property rights, and the specific legal protections of copyright, patents, and trademarks.

Name the three primary forms of intellectual property highlighted in Lecture 1.

Copyright, patents, and trademarks

Why is intellectual property law especially important to the computer industry?

Because it is the key to protecting innovation in computer hardware and software.

Give two reasons a well-considered computer contract is valuable.

It clearly allocates responsibilities and provides mechanisms for resolving disputes without going to court.

List four additional legal areas, besides IP, that the IT Law course will cover.

Computer contracts, electronic contracts, criminal law, data-protection law (plus professional, social and ethical aspects).

According to the learning outcomes, what skill should students demonstrate regarding primary and secondary sources of IT Law?

The ability to read and study them with minimal tutor guidance.

Define IT Law as stated in the lecture.

A transactional-based practice addressing issues arising when companies develop, license, acquire, or sell information-technology and computer-related products and services.

What is meant by ‘intellectual property’?

Legal rights that protect creative works, inventions, and commercial goodwill.

Which courts normally handle intellectual-property infringements?

The civil courts.

Name three civil remedies a court can grant in IP-infringement cases.

Search orders, interim injunctions, and freezing orders on a defendant’s assets.

What statute currently governs copyright law in Ghana?

Copyright Act 690, 2005.

How long does copyright last for literary works created by an individual?

For the life of the author plus 70 years.

Is registration required for copyright protection?

No. Protection is automatic upon creation; registration merely records and evidences ownership.

List four categories of works protected by copyright.

Literary works (including software and databases); dramatic, musical and artistic works; sound recordings, films and broadcasts; typographical arrangements of published editions.

Which statute governs patent law in Ghana and what is the maximum patent term?

Patents Act 2003; patents may be renewed for up to 20 years.

State the four criteria an invention must meet to be patentable.

It must be new, involve an inventive step, be capable of industrial application, and not be excluded.

Give three well-known trademarks mentioned in the lecture.

Examples include the Apple logo, “Microsoft,” “Windows,” “Adobe Acrobat,” and the Dell monogram.

What act provides for trademark registration in Ghana?

Trademarks Act 2004.

What basic requirement must a trademark satisfy to be registered?

It must be distinctive and capable of being represented graphically.

Under what circumstance can a registered trademark be revoked?

If it becomes a generic name for the goods or services due to the proprietor’s acts or inactivity.

Besides words and symbols, what other types of marks may be registered as trademarks?

Colours and sounds (although registering a single colour is difficult).

Which common-law doctrine helps combat cybersquatting?

The law of passing off.

What type of legal protection can cover graphic images and software fonts?

Certain forms of design law.

What protects the topography of semiconductor products when it is original and not commonplace?

Special topography (layout-design) protection under semiconductor-chip law.