Week- 5,6 Intellectual Property Rights

(IPR)
 Intellectual Property Rights (IPR)
• Intellectual Property Rights (IPR), very broadly,
are rights granted to creators and owners of
works that are results of human intellectual
creativity.
• These works can be in the industrial, scientific,
literary and artistic domain.
• For example, we could publish a book based on
someone else's, or pirate software. Things such
as software and a story in the book are
intangible - they can't be physically stolen - and
are called intellectual property.
 IPR (cont)
• Such creative works and inventions may be valuable
because their creators may benefit from selling them or
licensing others to use them. Society, therefore, gives
the creator intellectual property rights
• Industrial property legislation is part of the wider body of
law known as intellectual property. The term intellectual
property refers broadly to the creations of the human
mind. Intellectual property rights protect the interests of
creators by giving them property rights over their
creations.
• The Convention Establishing the World Intellectual
Property Organization (1967) does not seek to define
intellectual property, but gives the following list of the
subject matter protected by intellectual property rights:
 IPR (cont)
• literary, artistic and scientific works;
• performances of performing artists, phonograms, and
broadcasts;
• inventions in all fields of human endeavor;
• scientific discoveries;
• industrial designs;
• trademarks, service marks, and commercial names and
designations;
• protection against unfair competition; and
• “all other rights resulting from intellectual activity in the
industrial,
• scientific, literary or artistic fields.”
 IPR (cont)
• The importance of protecting intellectual property was first
recognized in the Paris Convention for the Protection of
Industrial Property in 1883 and the Berne Convention for the
Protection of Literary and Artistic Works in 1886.
• Both treaties are administered by the World Intellectual
Property Organization (WIPO).
• Countries generally have laws to protect intellectual property
for two main reasons.
• One is to give statutory expression to the moral and economic
rights of creators in their creations and to the rights of the
public in accessing those creations.
• The second is to promote creativity and the dissemination and
application of its results, and to encourage fair trade, which
would contribute to economic and social development.
 Intellectual Property Law (IP)
• In general, the objective of IPR is to protect the
right of a copyright author in his work and at the
same time allow the general public to access his
creativity.
• IPR maintains this balance by putting in place
time-limits on the author’s means of controlling a
particular work.
• The law that regulates the creation, use and
control of the protected work is popularly known
as Intellectual Property Law (IP).
 Types of Intellectual Property
Rights
• Copyright
• Industrial Property
• Trade Marks
• Industrial Design
 Copyright
• Copyright protects artistic (pictures, sound
recordings, films) and literary (books, software,
design drawings, database) works from being
copied or adapted without permission.
• The rights exist automatically on the creation of
the work.
• It does not have to be registered. However, the
work itself must be original (i.e. the creator's own
work). Others can create similar works, providing
they do so independently.
 Copyright (cont)
• Copyright grants certain rights that are exclusive to its
owner. Based on these rights, the copyright owner
(a) can copy the work
(b) issue copies of the work to the public
(c) rent or lend the work to the public
(d) perform, show or play the work in public
(e) communicate the work to the public – this includes
broadcasting of a work and also electronic transmission
and
(f) make an adaptation of the work or do any of the
above in relation to an adaptation
 Industrial Property
• Industrial property - applies to industrial
processes, manufactured objects, products
names/symbols and breeding.
• “Industrial property shall be understood in the
broadest sense and shall apply not only to
industry and commerce proper, but likewise to
agricultural and extractive industries and to all
manufactured or natural products,
• For example, wines, grain, tobacco leaf, fruit,
cattle, minerals, mineral waters, beer, flowers,
and flour.”
• Industrial property also covers trademarks,
service marks, layout-designs of
integrated circuits, commercial names and
designations, as well as geographical
indications, and protection against unfair
competition.
 Trade Marks
• A trademark is a distinctive sign which identifies certain
goods or services as those produced or provided by a
specific person or enterprise.
• Its origin dates back to ancient times, when craftsmen
reproduced their signatures, or "marks" on their artistic
or utilitarian products.
• Over the years these marks evolved into today's system
of trademark registration and protection.
• The system helps consumers identify and purchase a
product or service because its nature and quality,
indicated by its unique trademark, meets their needs.
 Industrial Design
• An industrial design is the ornamental (attractive) or
aesthetic (artistic, visual) aspect of an article.
• The design may consist of three-dimensional features, such
as the shape or surface of an article, or of two-dimensional
features, such as patterns, lines or color.
• Industrial designs are applied to a wide variety of products of
industry and handicraft: from technical and medical
instruments to watches, jewelry, and other luxury items; from
housewares and electrical appliances to vehicles and
architectural structures; from textile designs to leisure (spare)
goods.
• To be protected under most national laws, an industrial design
must appeal to the eye. This means that an industrial design
is primarily of an aesthetic nature, and does not protect any
technical features of the article to which it is applied.
 Why protect industrial designs?
• Industrial designs are what make an article attractive
and appealing; hence, they add to the commercial
value of a product and increase its marketability.
• When an industrial design is protected, the owner - the
person or entity that has registered the design - is
assured an exclusive right against unauthorized
copying or imitation of the design by third parties.
This helps to ensure a fair return on investment.
• An effective system of protection also benefits
consumers and the public at large, by promoting fair
competition and honest trade practices, encouraging
creativity, and promoting more aesthetically attractive
products.
 Why protect industrial designs?
(cont)
• Protecting industrial designs helps economic
development, by encouraging creativity in the
industrial and manufacturing sectors, as well as
in traditional arts and crafts. They contribute to
the expansion of commercial activities and the
export of national products.
• Industrial designs can be relatively simple and
inexpensive to develop and protect. They are
reasonably accessible to small and medium-
sized enterprises as well as to individual artists
and craftsmen, in both industrialized and
developing countries.
 How can industrial designs be
protected?
• In most countries, an industrial design must be
registered in order to be protected under industrial
design law. As a general rule, to be registryable, the
design must be "new" or "original".
• Different countries have varying definitions of such
terms, as well as variations in the registration process
itself.
• Generally, "new" means that no identical or very similar
design is known to have existed before.
• Once a design is registered, a registration certificate is
issued.
• Following that, the term of protection is generally five
years, with the possibility of further periods of renewal up
to, in most cases, 15 years.
Software Licensing and Methods of
licensing
• Introduction
• Software licensing comprises the permissions, rights
and restrictions imposed on software (whether a
component or a free-standing program). Use of software
without a license could constitute infringement of the
owner's intellectual property rights, and allow the owner
to sue the infringer.
• Under a software license, the licensee is permitted to
use the licensed software in compliance with the specific
terms of the license. If there is a breach of the license,
depending on the license it may result in termination of
the license, and potentially the right of the owner to sue.
 Uses permitted under Software
Licensing
• Personal Use
• This usually means that you may use the software only for "personal"
matters unconnected with your work or profession.
• Educational Use
• This is probably the most difficult one to define as it can mean
different things with different software - it may be completely open in
that, the software can be used for any purpose by anyone in the
relevant educational establishment whether it be commercial or
teaching purposes or it may mean that the software can only be used
in a teaching and learning context or it may mean that it can only be
used for educational research.
• Normal Use
• This usually means a full licensed copy, which we may or may not
have bought with an educational discount, but which has no unusual
restrictions on how we use it.
 Licensing Methods or Types
• Freeware
• Freeware licensed software is totally free of cost,
and can be used forever and without expiration.
• An important point to remember is that freeware
is almost always unsupported and so if
something goes wrong you are "on your own".
• Always view the word FREE with suspicion!
 Licensing Methods or Types
(cont)
• Shareware
• Usually this means that the product is made available for evaluation,
either from a CD or a download from the internet.
• Shareware comes with a license usually for the specific purpose of
testing the product to see if you want to buy it.
• Some shareware is restricted by the software itself to a certain
number of days or uses and in some cases functionality is restricted
to discourage illegal use.
• The classic example here is WINZIP - the download of this
evaluation software is widely encouraged from websites. The
University do NOT have a site license for WinZip and it should not
be installed on any UWS machine without purchase of a license.
• Demo
• Generally these are less of a problem as they usually have highly
restricted functionality - allowing you to look at the product but not
really use it.
• Again though check the license screen carefully - some "demos" are
really "shareware".
 Licensing Methods or Types
(cont)
• Full Package
• Full package softwares are complete in every sense.
• They are full version softwares, with having money to be paid by the
user.
• The user is provided with licensed key or registration no, in order to
use it.
• License only
• We frequently buy several (or even many) software licenses without
media. These are licenses which allow you to install copies on a
number of machines from one CD (like the one's you may borrow
from IT Support).
• Such licenses do not usually entitle you to make copies of the
software CD! Additional copies of the media CD can usually be
ordered at a reasonable price.
 Licensing Methods or Types
(cont)
• Upgrades
• Upgrade "paths" are often available and are designed to encourage you,
or in company jargon (terminology) "make it easier for you", to upgrade
to the latest version of a product you already own.
• Frequently what you get when you buy an upgrade is a completely new
software installation but to install an upgrade you must legally own the
relevant software in the first place.
• Some software installations check this automatically, while some
companies ask you to provide proves of owning the earlier version
however many more simply take it on trust.
• You may pay £80 say for an upgrade to XYZ version 2 but if you didn't
already own XYZ version 1 the installation will be illegal.
• Open source
• You sometimes see "open source" software (e.g. Linux) which generally
means that you are allowed to open the source code and make changes
to the way the package works and maybe incorporate it into your own
software.
• "Open source" does not always equal FREE.
 Licensing Methods or Types
(cont)
• Single License/Boxed Product
• Usually a single license for a single PC - you may buy multiple
copies at a discount but they are still basically the same.
• Concurrent License
• This is really something for network distributed software.
• Some companies will for example allow us to buy 50 concurrent
licenses and make them available to all network users but with a
restriction in place so that no more than 50 people can use the
software any one time - if 50 people are using the software then the
51st person is denied access until one of the previous 50 exit the
software.
• We use this whenever practicable as it is a very cost effective way
of sharing software. The responsibility for restricting the number of
users lies with us.
 Licensing Methods or Types
(cont)
• Site License
• For widely used software (such as MS Office)
this usually represents good value - for an
annual payment usually calculated on staff or
student numbers - everyone on campus is
allowed to install and use the software. Such
agreements normally allow you to upgrade free
of charge during the life of the agreement and
although the annual cost seems high it usually
represents a substantial saving over other
licensing methods.
 Week-6: Dealing with copyright
and originality
• Laws on Copyright:
• Currently, copyright law in the UK is governed by the
Copyright, Designs and Patents Act 1988 (the Act).
• Part I of the Act deals with copyright law.
• It has been subject to various amendments and the
latest amendments of October 2003 were aimed at
bringing the Act in line with the EU Directive on
Copyright and Related Rights in the Information Society
(EU Copyright Directive) 2001 and the challenges posed
by the Internet.
• The UK being a member of various international
conventions and treaties on copyright law, the Act was
also amended at various occasions to harmonize it with
the provisions of international treaties.
 Infringement of Copyright
• When is a work infringed? Copyright is said to
be infringed when one of the exclusive rights of
an author is performed by a party without the
consent or authorization of the author. This
infringement is called primary infringement.
• Providing accessories for infringing the exclusive
rights or assisting in the making or distribution of
infringing copies is also treated as an
infringement and is referred to as secondary
infringement.
 Infringement of Copyright (cont)
• Making temporary copies: Browsing of the Internet
creates temporary copies of web pages on the cache of
a computer.
• Until 2003, such temporary copies were considered as
infringing copies.
• The new law has however changed the position. It
clearly states that the making of temporary copies is not
an infringement so long as it is a transient copy, has no
economic significance and is done solely for the
transmission of a work or for its lawful use.
• The same rule applies in the case of sending copyright
work by means of fax.
 Exceptions to Copyright
Infringement
• Copyright law provides a catalogue of
basic exceptions and defenses.
• It permits the use of copyright works for
situations considered as ‘fair’, if permitted
by a license, or if permitted under a right
holders guidance or notice.
 Exceptions to Copyright
Infringement (cont)
• Research or private study: Research or private
study is not collective but are individual acts.
• The current UK copyright law permits copying of
works for research or private study only if it is
aimed at a non-commercial purpose.
• The law also requires that sufficient
acknowledgment be given to the copied source
when used in research or private study.
• Educational purposes: Fair dealing with copyright works in the
educational environment is permitted if the source is acknowledged,
not done through reprographic means (e.g. multiple photocopying,
faxing, scanning) and not aimed at a commercial purpose.
• Thus, a teacher instructing students in a commercial FE or HE
institute (e.g. profit oriented ones) or imparting training courses to
external company staff should be aware that hand outs and
materials for such events observe these guidelines.
• For teachers involved in setting examination papers, the law
requires them to include sufficient acknowledgement of the copied
matter where practicable. Students answering these questions in
exams are luckily exempt from the requirement.
• The law also covers the recording of web broadcasts by educational
establishments. Primarily, to record a transmitted broadcast FE or
HE institutes would need an ERA license.
• In the absence of such a license, the FE or HE can make use of the
broadcast only if it acknowledges recording of the data or uses it for
non-commercial purposes and transmits it only to persons within the
premises of the educational establishment.
• In practice, this can prevent the commercial FE or HE institutes
(without ERA) from recording and re-broadcasting content through
e-transmissions for distance learning purposes on internet or an
intranet.
• Library uses: The making of copies from books in libraries by
its users (staff or students) is fair dealing only if it is made for
research or private study for non-commercial purposes. This
would require the user to sign a copyright declaration form
confirming that the use is purely non-commercial prior to
making a request.
• Criticism and review: Fair dealing for criticism and review is
permitted under the new law only if it is accompanied by
sufficient acknowledgement and the work is made available to
the public.
• Visually impaired people: The new law has created special
exceptions for visually impaired people. A visually impaired
person or FE or HE institute may make copies for a visually
impaired person if it is for his/her personal use. But this is
subject to the condition that the visually impaired person or
the institute already has legitimate master copy (bought or
borrowed) and that a copy of the work is not commercially
available. An additional exception that caters to visually
impaired persons allows the making of multiple copies if the
author of the work is acknowledged and if the making of the
copy does not interfere with the legitimate exploitation of the
work.
 Electronic publishing
• Electronic publishing includes the digital publication of
ebooks and electronic articles, and the development of
digital libraries.
• Electronic publishing has become common in scientific
publishing where it has been argued that peer-reviewed
paper scientific journals are in the process of being
replaced by electronic publishing.
• Although network distribution is nowadays strongly
associated with electronic publishing, there are many
non network electronic publications such as
Encyclopedias on CD and DVD, as well as technical and
reference publications relied on by mobile users and
others without reliable and high speed access to a
network.
 Electronic publishing (cont)
• Electronic publishing is increasingly popular in works of fiction as
well as with scientific articles.
• Electronic publishers are able to provide quick gratification for late-
night readers, books that customers might not be able to find in
standard book retailers (Computer books are especially popular in
eBook format), and books by new authors that would be unlikely to
be profitable for traditional publishers.
• Hyponyms are:
– Online publishing
– ePublishing
– Web Publishing
• While the term "Electronic Publishing" is primarily used today to
refer to the current offerings of online and web-based publishers,
the term has a history of being used to describe the development of
new forms of production, distribution, and user interaction in regards
to computer-based production of text and other interactive media.
 Software Protection, Piracy and
ownership
• Do it as an Assignment