LC3117 CLE NOTES: WEEK 11-14

WEEK 11: INTELLECTUAL PROPERTY RIGHTS

WHAT IS INTELLECTUAL PROPERTY (IP)?

• It refers to creations of the mind, like inventions, artworks, designs, & symbols used in commerce

NATURE OF INTELLECTUAL PROPERTY

• Intellectual Objects include musical compositions, poems, inventions, product formula, and novels

• Multiple people can use them simultaneously

• Initial development is costly, but reproduction is inexpensive

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.

TYPES OF INTELLECTUAL PROPERTY

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

• Refers to creators’ rights over their literary & artistic works

• It allows them to control the reproduction, performance, & distribution of their work

• It is used to protect various works (e.g. books, music, & art)

• Easier to obtain than a patent & lasts the author’s lifetime plus 70 years

• In the context of software, copyright can protect algorithms

PATENTS

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

• In exchange, the technical details of the invention are made public

• For patents to be granted, the invention must be new, involve an inventive step, & be industrially applicable (e.g. Mathematical methods or literary works ARE NOT inventions)

• In the context of software, if it provides a novel & inventive technical merit, it may be patentable. USA & UK have specific laws regarding patents

TRADEMARKS

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

• It helps prevent unauthorised use of these identifiers

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

• E.g. Microsoft Window (™) is a trademark

INDUSTRIAL DESIGNS

• It refers to the unique appearance of a product, including its shape, pattern, or ornament

• It DOESN’T cover the construction method

• It aims to make products visually distinct

GEOGRAPHICAL INDICATIONS

• They are signs used on goods that link them to a specific geographic origin

• E.g. Champagne is known for its sparkling wines. Using this term outside of the region can cause issues, as it may take advantage of the reputation associated with the name

BENEFITS OF IP PROTECTION

• It benefits creators by giving them control over their work & preventing misuse

• It serves as a reward system for producers’ efforts & encourages innovation & creativity

• The protection enhances the value of businesses, turning ideas into profitable assets & generating income for the economy

LIMITATIONS OF IP PROTECTION

• Society benefits when inventions are freely accessible

• Balancing the need to reward creators with the broader benefit of disseminating ideas is crucial

FAIR USE PROVISION

• Copyright laws in the USA & the UK include “fair use” provisions, allowing the use of copyrighted material under certain conditions

• Fair use aims to balance the interests of creators with society’s need for the free exchange of ideas

• This covers: news reporting, criticism, comment, teaching, scholarship & research

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

CREATIVE COMMONS

• It is a non-profit organisation providing different copyright licenses for individuals to choose from, allowing them to decide how their work is shared, used, & remixed

• The goal is to increase the amount of freely available creative content for the public

CC0 (CC ZERO)

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

• This license enables others to freely distribute, remix, adapt, and use the material without any conditions

CASE FOR - COPYING SOFTWARE

1. Over-Priced Perception: Legit software is often seen as expensive. Pirated software helps lower personal computing costs, especially in small user groups

2. Not Perceived as Stealing: Copying software may not feel like stealing due to the intangible nature of the software, creating ethical acceptance

3. Global Access Inequalities: Piracy provides underdeveloped countries access to software technologies, preventing them from falling behind

CASE AGAINST - COPYING SOFTWARE

1. Illegal Activity: Software piracy is against the law and is engaged both by misguided students and, on a larger scale, by professional thieves for substantial profit.

2. Economic Impact: Software piracy harms economies, leading to diminished tax revenues and job losses on a global scale.

3. Incentive to Innovate: Easy and cheap copying of software removes the incentive for developers to innovate or create new, high-quality software.

4. Malware Risk: Pirated software is associated with a higher risk of being infected with viruses and malware.

WEEK 12/13: INTELLECTUAL PROPERTY OFFICE BRUNEI DARUSSALAM (BRUIPO)

BRUIPO COPYRIGHT

• Related Rights is associated with copyrighted works & provide similar rights. Works covered under related rights are: sound recordings, films, broadcasting, cable programs & published editions

IPO DOMAINS

1. Copyright:

   • Literary works such as novels, poems, computer programs, newspapers

     1. Novels → To Kill A Mockingbird

     2. Poems → The Waste Land

     3. Computer Programs → Microsoft Windows

     4. Newspapers → The New York Times

   • Dramatic works such as plays, choreography, musical works like songs & music

     1. Plays → Hamlet

     2. Choreography → Dance routines

     3. Musical Works → songs & music compositions

   • Artistic works such as sculpture, architecture, maps, technical drawings, paintings, photographs, wedding dais & so on

     1. Sculpture → David by Michaelangelo

     2. Architecture → The Eiffel Tower

     3. Maps → World Maps

     4. Technical Drawings → Engineering Blueprints

     5. Paintings → Starry Night by Vincent Van Gogh

     6. Photographs → Iconic images

2. Patents:

   • Innovative machinery/devices → Dyson Vacuum Cleaner, Dyson Airwrap

   • Technological processes → Method for producing solar cells

   • Pharmaceutical formulations → A new medicine

   • Small improvements to existing inventions → New feature on a smartphone

   • Devices with new functionalities → A multi-functional kitchen tool

3. Industrial designs

   • Unique car design → Tesla Model S

   • Furniture designs → Iconic chair designs (Louis XV Armchair, Butterfly Chair, Womb Chair)

   • Unique bottle shapes → Coca-Cola contour bottle

   • Innovative packaging for electronics

4. Trademarks

   • Distinctive Logos → Nike’s swoosh, McDonald’s golden arches

   • Brand Names → Google, Amazon, Tesla

   • Product Names → iPhone (Apple), PlayStation (Sony), Coca-Cola (The Coca-Cola Company)

   • Slogans → “Just Do It” (Nike), “I’m Lovin’ It” (McDonald’s)

5. Plant varieties

   • New & distinct varieties of plants developed for agriculture

6. Geographical Indications

   • Champagne (sparkling wine from Champagne, France)

   • Parmigiano-Reggiano (cheese from Italy)

   • Darjeeling tea (tea from Darjeeling, India)

   • Murano glass (glassware from Murano, Italy)

   • Harris Tweed (fabric from the Outer Hebrides, Scotland)