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Intellectual Property Rights and Computer Technology Intellectual Property Rights and Computer Technology

Intellectual Property Rights and Computer Technology - PowerPoint Presentation

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Intellectual Property Rights and Computer Technology - PPT Presentation

Chapter 6 Ethical and SocialJMKizza 1 Intellectual Property Rights and Computer Technology Computer Products and Services Instruments of Protection Ownership Infringement Protection of Ownership Rights ID: 743166

ethical social rights kizza social ethical kizza rights property intellectual foundations computer products trade public protection software owner trademarks

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Slide1

Intellectual Property Rights and Computer Technology

Chapter 6

Ethical and Social...J.M.Kizza

1Slide2

Intellectual Property Rights and Computer Technology

Computer Products and Services

Instruments of ProtectionOwnershipInfringementProtection of Ownership RightsThe Legal Protection of Computer Software

Ethical and Social...J.M.Kizza

2Slide3

Computer Products and Services

Computer products

Have a tangible formHave intrinsic valueComputer servicesHave intrinsic valueHave no tangible form

Ethical and Social...J.M.Kizza

3Slide4

Computer products and services…

Computer software

A set of logical instructions in four forms:Logical mapSource codeObject code Executable codeHas two formsProductServiceMay not have a tangible form

Ethical and Social...J.M.Kizza

4Slide5

Computer Products and Services…

Computer software categories:

CANNED- off-the-shelf softwareDesigner software – ordered by the customerMixed – designer/cannedIf it is canned – it is a productIf it is designer ordered – it is a serviceOtherwise a mixed case.

Ethical and Social...J.M.Kizza

5Slide6

Foundations of Intellectual Property Rights

Software is protected by

Copyrights Rights enforceable by lawAccorded to an artist, inventor/creatorShould be an expression or creative worksLiterary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.The protected works must have:Tangible formOriginality Fixation in a medium

Ethical and Social...J.M.Kizza

6Slide7

Foundations of Intellectual Property Rights

Copyrights are now universally accepted

International enforcement conventions include:WIPO- world intellectual property organizationUNESCOUCC- universal copyright conventionWTO – World Trade OrganizationOnce a copyright expires the work goes in public domain

Ethical and Social...J.M.Kizza

7Slide8

Foundations of Intellectual Property Rights

Public works include:

Non-copyrightable itemsIdeas, facts, schedules, names, etc..Copyrightable itemsCopyrights have expiredCopyrightable works put in public domain by author

Ethical and Social...J.M.Kizza

8Slide9

Foundations of Intellectual Property Rights

Duration of copyrights:

Depends on countryU.S.Prior 197875 years from date of issueAfter 1978 lifetime of author plus 50 years

Ethical and Social...J.M.Kizza

9Slide10

Foundations of Intellectual Property Rights

Patents

Protection of inventions and discoveriesRequirementsNew and usefulImprovement of any of the following:ProcessManufacturing ( products that are not machines)Machines (covering mechanism, mechanical products & composition)UtilityNoveltyNonobviousNo disclosure.Protection duration in U.S. is 17 years

Ethical and Social...J.M.Kizza

10Slide11

Foundations of Intellectual Property Rights

Trade Secrets

Information gives company competitive advantage No one specific definition of trade secretsCollection of informationStatic formatStrategic importance

Ethical and Social...J.M.Kizza

11Slide12

Foundations of Intellectual Property Rights

Trade SecretsDuration is infinite if no disclosure

The following characterize trade secretsExtent the information is known outside the businessExtent of measures taken to protect the trade secretsValue of information to the ownerAmount of money spent by owner to develop the informationEase/difficulty of acquiring such informationEthical and Social...J.M.Kizza12Slide13

Foundations of Intellectual Property Rights

Trademarks – product identifying labels

Include:Service marksCertification marksCollective marksCharacteristic of trademarks includeArbitrary marks (say nothing but used for service) Suggestive marks (symbols and writings)Descriptive marks (intended purposes)General marks (unrelated and not suggestive)Duration of trademarks in U.S. is 10 years

Ethical and Social...J.M.Kizza

13Slide14

Foundations of Intellectual Property Rights

Trademarks are registered in U.S. if they:

Are in good taste for the publicHave no suggestive connotations to their origin Are not symbols of any recognizable countryDo not use people’s likeness without permission

Ethical and Social...J.M.Kizza

14Slide15

Foundations of Intellectual Property Rights

Personal Identity

Identity theft is a crime committedA person misrepresents oneselfIntentGet the victim’s informationPerpetrator can get goods & services in the victim's name. One of the fastest growing crime

Ethical and Social...J.M.Kizza

15Slide16

Foundations of Intellectual Property Rights

Identity theft techniques

Advertising NewspapersInternetMost common technique - pretext calling,People misrepresent themselvesLaw enforcement agentsSocial workersPotential employersGoal - obtain the private dataSources of directionsHow-to books

Discussion groups

Internet

Ethical and Social...J.M.Kizza

16Slide17

Foundations of Intellectual Property Rights

Techniques steal personal identity include

TelemarketingFake IdentificationsDumpster divingGoing through trashPost office to redirect mailEavesdroppingSocial engineering PreventionPersonal awarenessEducation

Ethical and Social...J.M.Kizza

17Slide18

Ownership

Novel idea

Original, authentic, and new Inventive and creativeCome from individualSources of substantial benefits to individuals and the public UsefulPut into utilizable form - process or application.Ideas are in public domainMaking them utilizable creates ownership

Ethical and Social...J.M.Kizza

18Slide19

Infringement

Using intellectual property rights without permission

There are three types of infringements:Direct (full knowledge)InducementContributoryCopyrights infringement: difficult to prove Infringer has knowledge or visual contact with the work.Individual claiming to be the owner has a valid copyright.Work under dispute is a major revisionSubstantially new contents versus a variation Patent and trademarks infringements: difficult to prove

Ethical and Social...J.M.Kizza

19Slide20

Infringement

Trademark infringement: Prove beyond doubt

Infringer’s action was likely to confuse the public. Trade Secrets. Even more difficult.

Ethical and Social...J.M.Kizza

20Slide21

Protection of ownership rights

As owner/author of a creation, you’re protected by:

CopyrightsPatentsTrademarkTrade secretsBurden of safeguarding intellectual property rights – ownerMethods varySpyingUsing hired operativesInspectionUse of enforcement agencies Use of government (big companies)

Ethical and Social...J.M.Kizza

21Slide22

First Sale Doctrine

Copyright owner distribution rights

SaleTransfer of ownershipRentalRelease Fair Use DoctrineBalanceProtection of inventor/creator & benefits to the community Four ways to judge is fair useThe purpose of use, commercial or educationalNature of usePercentage of useEffect on commercial value

Ethical and Social...J.M.Kizza

22Slide23

Protection of ownership rights…

Property Rights Laws based on types

CopyrightsCountry dependentRight to use, transform, sale, copy, and modifyPatents: country dependentTrademarks: state and country dependentTrade secretsCountryStatesLocal authority

Ethical and Social...J.M.Kizza

23Slide24

Ethical Issues in the Digital Age

PiracyRight of owner

Internet influence

Ethical and Social...J.M.Kizza

24