Ethical and Social...J.M.Kizza1 Module 5: Intellectual Property Rights and Computer Technology Computer Products and Services Instruments of Protection

Ethical and Social...J.M.Kizza 1

Module 5: Intellectual Property Rights and Computer TechnologyComputer Products and ServicesInstruments of ProtectionOwnershipInfringementProtection of Ownership RightsA Case for Computer Software


Computer products and services

Computer products– Have a tangible form– Have intrinsic value

Computer services– Have intrinsic value– Have no tangible form

Computer software– A set of logical instructions in four forms:


Computer products and services…

• Logical map

• Source code

• Object code

• Executable code

– Has two forms• Product

• Service

– May not have a tangible form


Computer products and services…

Computer software categories:– CANNED- off-the-shelf software– Designer software – ordered by the customer– Mixed – designer/canned

If it is canned – it is a productIf it is designer ordered – it is a serviceOtherwise a mixed case.


Instruments of protection

Software is protected by: (1) Copyrights – rights enforceable by law and

accorded to an artist, inventor/creator of an expression or creative works: literary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.– The protected works must have:

• Tangible form(expression)• Originality • Fixation in a medium


Instruments of protection…

– Copyrights are now universally accepted– International enforcement conventions

include:• WIPO- world intellectual property organization

• UNESCO

• UCC- universal copyright convention

– Once a copyright expires the work goes in public domain



– Public works include:• Non-copyrightable items( ideas, facts, schedules, names,

etc..)

• Copyrightable items whose copyrights have expired

• Copyrightable works put in public domain by the author

– Duration of copyrights:• Depends on country

• In U.S.( before 1978, 75 years from date of issue, after 1978 lifetime of author plus 50 years)



(2) Patents – protection of inventions and discoveries

– What is protected must be:• New and useful

• Improvement of any of the following:– Process, manufacturing( products that are not machines),

machines(covering mechanism, mechanical products and composition)

• Utility, Novelty, nonobvious, there must be no disclosure.

– Protection duration in U.S. is 17 years



(3) Trade Secrets – Information that gives a company a

competitive advantage over the others– No one specific definition of trade secrets– It’s a collection of information in a static

format with a strategic importance– Duration is infinite if no disclosure– See pp. 72/73



– The following characterize trade secrets:• Extent the information is known outside the

business

• Extent of measures taken to protect the trade secrets

• Value of information to the owner

• Amount of money spent by owner to develop the information

• Ease/difficulty of acquiring such information



(4) Trademarks – product identifying labels– Include:

• Service marks• Certification marks• Collective marks

– Characteristic of trademarks include( see page 74/75):• Arbitrary 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



– Trademarks are registered in U.S. if they:• Are in good taste for the public

• Have no suggestive connotations to their origin

• Are not symbols of any recognizable country

• Do not use people’s likeness without permission



(5) Right of Publicity– This is a less known individual right about

personal attributes ( name, Social Security number, etc..) from exploitation by others


Infringement

Moving within protected domains of intellectual property rights without permission from rightful owners

There are three types of infringements:– Direct (full knowledge)– Inducement– Contributory


Infringement…

Types of infringements (see page 77)– Copyrights infringement is difficult to prove

(page 78) – Likewise patent and trademarks infringements

are also difficult to prove


Protection of ownership rights

As owner/author of a creation, you’re protected by:– Copyrights– Patents– Trademark– Trade secrets

The burden of safeguarding intellectual property rights is with the individual


Protection of ownership rights…

Methods used vary from:– Spying

– Using hired operatives

– Inspection

– Use of enforcement agencies

– Use of government (big companies)

First Sale Doctrine – copyright owner’s right to distribute one’s material through a lease or license.


Protection of ownership rights…

Fair Use Doctrine – a balance between the protection of inventor/creator and the benefits to the community (see page 79)


A Case for Computer Software

The 1980 U.S. copyright amendment defines a computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result”– Written programs are written creative works

just like poems– Programs are copyrightable


A Case for Computer Software…

Computer programs on the other hand implement ideas (process ideas)– They can be and have been protected as patentable

items.

There are problems with software patents:• Requirement of total disclosure

• Software projects are mostly by individual who cannot afford patent expenses

• Difficult to prove that algorithms are processes, therefore, patentable.

Documents

Ethical and Social...J.M.Kizza1 Module 5: Intellectual Property Rights and Computer Technology Computer Products and Services Instruments of Protection