Understanding Intellectual Property Rights: Copyright, Patents, Trademarks, and Designs, Slides of Software Engineering

Download Understanding Intellectual Property Rights: Copyright, Patents, Trademarks, and Designs and more Slides Software Engineering in PDF only on Docsity! Professional Practices “Intellectual Property Rights” Contents • Intellectual property • Intellectual property rights – Copyright – Designs – Patents – Trademarks What does intellectual property include? – Patents: inventions like a new form of airplane engine, a floor cleaner, etc. – Designs: it includes the shape of a bottle, machine, model of luxury car or any other product, etc. What are intellectual property rights? • Intellectual property rights are such rights which are given to persons who are the authors or creators of the new and original literary and artistic works such as books, articles , other writings ,paintings , musical compositions, sculpture , films and computer programs by application of their creativity process and intellect. What are intellectual property rights? • IP rights are given to such individuals to compensate for their suffering during such creative process and their investments. • These rights are given for a certain period of time and after which general public have the right to freely benefit from them in their benefit and use. INTELLECTUAL PROPERTY ESTABLISHMENTS IN PAKISTAN • All the Intellectual Property Rights laws in Pakistan are being administered and managed by three different ministries of the Federal Government, which are as under: – Ministry of Education: the Copyright Ordinance, 1962. INTELLECTUAL PROPERTY ESTABLISHMENTS IN PAKISTAN – Ministry of Industries and production: • The Registered Designs Ordinance, 2000. • The Registered Layout-Designs of Integrated Circuits Ordinance, 2000. • The patents ordinance, 2000. – Ministry of Commerce: • the Trade Marks Ordinance, 2001. • the Merchandise Marks Act, 1889. Copyright • Copyright is a legal right , existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others. • In simpler terms, copyright is the right to copy. This means that the original creator of a product and anyone he gives authorization to are the only ones with the exclusive right to reproduce the work. Copyright Works • Copyright works are the things protected by copyright law. • There are nine defined type of works, divided into three categories. – Original literary, dramatic, musical and artistic work – Sound recordings, films, broadcasts and cable programs – The typographical arrangement of published editions. • Databases and computer programs are also protected by copyright laws. Who owns copyrights • Computer generated and computer aided work – If a literary, dramatic, musical or artistic work is computer generated, the author is the person by whom the arrangements necessary for the creation of the work are undertaken. – If a work is computer aided, author of the work is the person who designs it with the help of a computer. Who owns copyrights • What happens when author is an employee? • When a literary, dramatic, musical or artistic work is made by an employee in the course of employment, the employer is the first owner of any copyright in the work. Primary Infringement • Actions that comes under the category of primary infringement are – Copying – Home taping – Adaptation – Rental right Secondary Infringement • Beside breaching the civil rights of a copyright owner, secondary infringement also accounts to a criminal offence punishable by a fine or imprisonment. • It is designed to catch those who trade in and make profit from pirated goods. Secondary Infringement • It occurs when a person – Imports an infringing copy other than for private and domestic use – Possess an infringing copy in the course of a business – Sells or let for hire an infringing copy – Transmits the work by mean of a telecommunication system – Involves in indirect infringement. Design • Who owns the design right? – Typically the creator of the design owns any rights in it, except where the work was commissioned or created during the course of employment, in which case the rights belong to the employer or party that commissioned the work. Design Design Rights Unregistered Design Rights Registered Design Rights Unregistered Design Rights • Unregistered design rights protect the shape or configuration of a marketable (or potentially marketable) product, and are used to prevent unauthorized copying of an original design. Design rights can also be bought, sold or licensed in a similar manner to copyright. • Design rights exist independently of copyright, while copyright may protect documents detailing the design as well as any artistic or literary work incorporated within the finished product, the design right focuses more on the shape, configuration and construction of a product. REGISTERED DESIGNS ORDINANCE, 2000 • Any person violating the said ordinance shall be punishable with imprisonment for a term which may extend to 2 years or with fine which may extend to 20,000 rupees- or with both. Patents • A patent gives the patent-holder the right to stop others from producing, selling or using his or her invention. • Unlike copyrights, patents protect the idea or design of the invention, rather than any tangible form of the invention. • To patent something you have invented , you have to demonstrate that – your invention is a significantly original creation – it is unique enough to distinguish it from existing inventions – it is innovative enough that it wouldn't be obvious to others. • Patents provide protection for 20 years. After that, the invention is public property. THE PATENTS ORDINANCE, 2000 • Any invention is patentable if it is new, involves an inventive step and is capable of industrial application. THE TRADEMARKS ORDINANCE, 2001 • A trade mark may be registered in accordance with the provisions of this ordinance in respect of: –goods –services or –both goods and services, Comparison Copyright Patents Trade Mark What’s Protected? Original works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, and other works Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these Any word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others Requirements to be Protected A work must be original, creative and fixed in a tangible medium An invention must be new, useful and nonobvious A mark must be distinctive (i.e., that is, it must be capable of identifying the source of a particular good) Term of Protection Author’s life plus 70 more years 20 years For as long as the mark is used in commerce Rights Granted Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works Right to prevent others from making, selling using or importing the patented invention Right to use the mark and to prevent others from using similar marks in a way that would cause a likelihood- of-confusion about the origin of the goods or services.