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Presentation Use and Protection of Intellectual Property in Online Business

C. S. Bopegama 10/8553K

Outline
What is Intellectual Property? Categories of use Intellectual Property What is Copyrights ? What is Patent ? What is Trademark ? What is Tradename? Protecting Intellectual Property Online Summary References

What is Intellectual Property?

Intellectual property (IP) refers to creations of the all tangible and intangible products of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce

Categories of Intellectual Property

Intellectual property Protections afforded by Copyrights

Patents
trademarks registration service marks (used to identify services provided)

What is copyright?
Copyright is a legal term describing rights given to creators for their literary and artistic works.
YouTube Deletes 30,000 Files After a Copyright Complaint TOKYO, Oct. 20 (AP) The popular video-sharing site YouTube deleted nearly 30,000 files after a Japanese entertainment group complained of copyright infringement. (NY Times 10/23/06)

Importance of copyright
Respect intellectual rights of creators of information Reward creativity of authors, artists, musicians, etc. Legal mandate Model proper behavior for students, teachers, and other members of educational community

What is covered by copyright?

literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.

What is not covered by copyright?

ideas facts recipes blank forms stock literary devices works lacking originality (e.g. the phone book) names, titles or short phrases works from the federal government

Protections on Copyright
A copyright gives sole and exclusive rights to print, publish or sell Library and classroom exemptions Fair use - Copyrighted material can be used without alteration for education, research, and criticism

Duration of Copyright
Copyright in a literary work, lasts for the Authors lifetime plus 50 years from the end of The calendar year in which the author dies 50 years for films and sound recordings 25 years for typographical arrangements of a published edition Moral rights last for as long as Copyright and can not be assigned An author may waive his/her moral rights by signing an agreement to that effect

What is Patent ?
A Patent is an exclusive right to make, use, and sell an invention that a government grants to the inventor. In the US, patents on inventions protect the investors rights for 20 years. To be patentable, an invention must be genuine, novel, useful and not obvious given the current state of technology.

Patent types
Design patents : A patent on the design for an invention provides protection for 14 years. Plant patents : A patent on the plants for protection artificially produced plant life. Utility patents : A patent on protection of processes, inventions, composition of matter, and new and useful devices.

Business process patent

A US Court of appeals rued in 1998 that patents could be granted on methods of doing business.
Protects a specific set of procedures for conducting a particular business activity. Name your own price (priceline.com)

 Enforcing rights under business process patent

Not yet clear Examples:
Amazon.com sued Barnes & Noble for process similar to 1-Click method MercExchange sued eBay over fixed price sales option Digimarc Corporation recently received a patent for its digital watermark technology that adds a distortion to graphical, video, or audio content, indicating a copyright protects it. An automated monitoring service tracks these files and gives site owners alerts when users upload them on a user-generated site. Digimarc CEO Bruce Davis considers digital watermarking a significant development for the entertainment distribution business

 Cross-licensing:

Patent issues

Firm A contend that Firm Bs invention contains an invention previously patented by Firm A. Firm B can cross-license the inner patent from Firm A by paying appropriate royalties.

Invalidated patents:

Before the invention date on patent application invention was in use. Before one year invention patent filing invention was being used.

What is a Trademark?
A trademark is a distinctive mark, device, motto or implement that a company affixes to the goods it produces for identification purposes. The name (or a part of that name) that a business uses to identify itself is called a trade name. Trademark can protected only as long as continues to enforce.

How enforce trademark ?

The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.
Before registration trademark indicated by the TM symbol after product name . After registration trademark indicated by the symbol after product name.

What is Service Mark?

A Service Mark is similar to a trademark, but it is used to identify services provided. In the US, trademarks and service marks can be registered with state governments. Web site designers must not use:
Any trademarked name, logo, other identifying mark
Without express trademark owner permission

Protecting Intellectual Property Online

Digital watermark
Digital code or stream embedded undetectably in digital image or audio file
Can be encrypted to protect contents

Example: Verance
Provides digital audio watermarking systems

Example: Digimarc
Provides watermark protection systems and software

Copy control
Electronic mechanism limiting number of copies

Defamation
Defamatory statement
False and injures the reputation of another person or company

Product disparagement
If defamatory statement injures the reputation of a product or service instead of a person ,it is called Product disparagement. Commercial Web sites should avoid making negative, evaluative statements about other persons or products.

Per se defamation
A court deems some types of statements that to be so negative that injury is assumed. Then most states recognize a legal cause of action called Per se defamation.

Deceptive Trade Practices

Website designers can edit graphics, audio and video files to do many creative and interesting things. But these objects being manipulated are trademarked then these manipulations can violate the trademark holders rights.

Trademark dilution
Trademark protection prevents another firm from using the same or a similar name, logo. E.g. trademark name VISA is used by one company for credit cards and another company for synthethetic fiber. This use is acceptable for very different two products. For prevent trademark dilution various state laws define. -shape of the Coca-Cola bottle have been protected from dilution by court rulings.

Summary
Intellectual property includes copyrights, patents, trademarks and service marks Protection of intellectual property includes Digital watermark Copy control Defamation Per se defamation Deceptive Trade Practices Trademark dilution

References
3rd annual edition-Electronic Commerce, Gary P. Schneider http://cas.uum.edu.my Intellectual Property in the 21st Century - The Japanese http://www.wipo.int/about-ip/en/index.html

Thank You !!!