Int ellect ual

P ropert y
Friends share all things.
—PYTHAGORAS
Today’s pirates operate not on the high seas but on
the Internet.
—–RECORDINGINDUSTRY ASSOCIATION OF AMERICA
Lea rning Out comes
At the end of the lesson, you should be able to

Explain what is Intellectual

Property.
01 02 Identify the laws protecting
the rights of people’s
creation.

04
Discuss some issues
Discuss copyright, patent,
and trademark.
03 that apply to intellectual
property and information
Technology.
What is Int ellect ual Propert y?
Intellectual property is a term used to describe works of the mind—such as art, books, films,
formulas, inventions, music, and processes—that are distinct and owned or created by a single
person or group.
Int ellect ual propert y is
prot ect ed by la w.
Int ellect ual Propert y
● Intellectual Property Laws:
– Trade Secrets
• rights on confidential information which may be sold or licensed
– Copyright
• Protects authored works
– Patent
• Protects inventions
– Trademark
• Protects a business’ brand identity
Trade Secret
• Confidential piece of intellectual property that gives the company a
competitive advantage
• Employees are asked to make a confidentiality agreement
• Examples:
–Formulas, customers’ lists, strategic plans, proprietary design
• Never expires
• Not appropriate for all intellectual properties (movies- they should be
viewed and not be kept in secret??)
• Reverse engineering allowed (buying a can of Coca-Cola and trying to
figure out its formula is legal)
• May be compromised when employees leave the firm.
Copyright

Copyright is the legal protection extended to the owner of the

rights in an original work.

“Original work” refers to every production in the literary,

scientific and artistic domain. Among the literary and artistic
works enumerated in the IP Code includes books and other
writings, musical works, films, paintings and other works, and
computer programs.
 Works Covered By Copyright Prot ect ion
● Books, pamphlets, articles and other writings ● Works of drawing, painting, architecture,
● Periodicals and newspapers sculpture, engraving, lithography or other work
● Lectures, sermons, addresses, dissertations of art; models or designs for works of art
prepared for oral delivery, whether or not ● Original ornamental designs or models for
reduced in writing or other material form articles of manufacture, whether or not
● Letters registrable as an industrial design, and other
● Dramatic or dramatico-musical compositions; works of applied art
choreographic works or entertainment in ● Illustrations, maps, plans, sketches, charts and
dumb shows three dimensional works relative to geography,
● Musical compositions, with or without words topography, architecture or science
● Drawings or plastic works of a scientific or
technical character
 Works Covered By Copyright Prot ect ion

● Photographic works including works produced by a process analogous to

photography; lantern slides
● Audiovisual works and cinematographic works and works produced by a
process analogous to cinematography or any process for making audio-visual
recordings
● Pictorial illustrations and advertisements
● Computer programs
● Other literary, scholarly, scientific and artistic works.
What is t he durat ion of copyright
prot ect ion?

In the Philippines, copyright protection for artistic,

literary and derivative works lasts during the lifetime
of the author plus 50 years after the author’s death.
This term of protection also applies to following
works. In the case of joint authorship, the economic
rights shall be protected during the lifetime of the last
surviving author plus 50 years after such author’s
death.
What is t he durat ion or t erm of prot ect ion
f or works wit h anonymous owner/ creat or?

In case of anonymous or pseudonymous works,

copyright protection shall last for 50 years from
the date on which the work was first lawfully
published. If the work was not published, it
shall be protected for 50 years counted from
the creation of the work.
Copyright Inf ringement
Copyright infringement - is the use or production of copyright-protected material
without the permission of the copyright holder

● Individuals and companies - register for copyright protection to ensure profit

from their efforts – may be granted permission to use their works through licensing
arrangements or may purchase the works from the copyright holder
● Other parties engage in copyright infringement because of high price
Sof t ware Copyright Prot ect ion

The use of copyrights to protect computer software raises many complicated

issues of interpretation.
● For example, a software manufacturer can observe the operation of a
competitor’s copyrighted program and then create a program that
accomplishes the same result and performs in the same manner.
● To prove infringement, the copyright holder must show a striking resemblance
between its software and the new software that could be explained only by
copying. However, if the new software’s manufacturer can establish that it
developed the program on its own, without any knowledge of the existing
program, there is no infringement.
Xio Interactive was a small company formed for the after Xio posted its Mino app to the Apple iTunes
purpose of creating an unlicensed iPhone version of store, Tetris filed a copyright infringement lawsuit
Tetris—named Mino against the company
Pat ent s

APatent is a grant issued by the government through the Intellectual Property

Office of the Philippines.

It is an exclusive right granted for a product, process or an improvement of a

product or process which is new, inventive and useful. This exclusive right gives
the inventor the right to exclude others from making, using, or selling the product
of his invention during the life of the patent.

Apatent has a term of protection of twenty (20) years providing an inventor

significant commercial gain. In return, the patent owner must share the full
description of the invention.
Pat ent able Invent ions

Any technical solution of a problem in any field of human

activity which is new, involves an inventive step and is
industrially applicable.
Non- Pat ent able Invent ions

1. Discoveries, scientific theories and mathematical methods

2. Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers.
3. Method for treatment – human or animal body by surgery or therapy &
diagnostic method
4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals.
5. Aesthetic creations; and
6. Anything which is contrary to public order or morality.
 Trademark and Service Mark
Atrademark is a word, symbol, picture, sound, or color used by a business
to identify goods.

Aservice mark is a mark identifying a service.

By granting a trademark or service mark, a government gives a company the

right to use it and the right to prevent other companies from using it.

Through the use of a trademark, a company can establish a “brand name.”

Society benefits from branding because branding allows consumers to have

more confidence in the quality of the products they purchase.
Trademark and Service Mark

Companies strive to ensure their marks are used as adjectives rather

than nouns or verbs.
● One way they do this is through advertising
● Companies protect their trademarks is by contacting those who are
misusing them
● Adobe has responded to Web posts about “photoshopping images” by posting this
follow-up message: “The Photoshop trademark must never be used as a common
verb or as a noun. The Photoshop trademark should always be capitalized and
should never be used in possessive form, or as a slang term”
Trademark Prot ect ion
Atrademark can be protected through registration. Registration gives the trademark owner
the exclusive right to use the mark and to prevent others from using the same or similar
marks on identical or related goods and services.

Before applying for trademark registration, it would help if you conduct a search in the
trademarks database to determine if there are identical or similar marks that would prevent
the registration of your mark. This is to prevent future conflicts with marks that are already
registered or with earlier filing dates.

Atrademark can be protected in perpetuity if regularly monitored and properly maintained.

The period of protection is ten (10) years from the date of issuance and is renewable for a
period of ten (10) years at a time.
Fair Use Concept

● Fair Use - The right given to a copyright owner to reproduce a work is a limited right.
● It is legal to reproduce a copyrighted work without the permission of the copyright
holder.
Examples of fair use include
● citing short excerpts from copyrighted works for the purpose of teaching
● Scholarship
● Research
● Criticism
● Commentary
● news reporting
Four Fact ors of Fair Use
The United States Copyright Act does not precisely list the kinds of copying that are fair
use. Instead, what is considered to be fair use has been determined by the judicial system.
The courts have relied upon Section 107 of the Copyright Act, which lists four factors that
need to be considered
1. What is the purpose and character of the use?
An educational use is more likely to be permissible than a commercial use.
2. What is the nature of the work being copied?
Use of nonfiction is more likely to be permissible than use of fiction. Published works are
preferred over unpublished works.
3. How much of the copyrighted work is being used?
Brief excerpts are more likely to be permissible than entire chapters.
4. How will this use affect the market for the copyrighted work?
Use of out-of-print material is more likely to be permissible than use of a readily available
work. A spontaneously chosen selection is better than an assigned reading in the course
syllabus.
Fair use Example #1

Aprofessor puts a few journal articles on reserve in the library and makes them assigned
reading for the class. Some students in the class complain that they cannot get access to
the articles because other students always seem to have them checked out. The professor
scans them and posts them on his Web site. The professor gives the students in the class
the password they need to access the articles.
Fair use Example
The first factor to consider is the purpose of the use. In this case the purpose is strictly educational. This factor
weighs in favor of fair use.

The second factor is the nature of the work being copied. The journal articles are nonfiction. Again this weighs in
favor of fair use.

The third factor is the amount of material being copied. The fact that the professor is copying entire articles rather
than brief excerpts weighs against a ruling of fair use.

The fourth factor is the effect the copying will have on the market for journal sales. If the journal issues containing
these articles are no longer for sale, then the professor’s actions cannot affect the market. The professor took care
to prevent people outside the class from accessing the articles.

Overall, this factor appears to weigh in favor of fair use. Three of the four factors weigh in favor of fair use. The
professor’s actions probably constitute fair use of the copyrighted material.
Digit al Right s Management

● Digital rights management (DRM) can refer to any of a variety of actions

owners of intellectual property may take to protect their rights.
● As Christopher May puts it, “All DRM technologies are aimed at tracking
and controlling the use of content once it has entered the market” [52].
● DRM technologies may be incorporated into a computer’s operating
system, a program, or a piece of hardware.
● One approach to DRM is to encrypt the digital content so that only
authorized users can access it.
● Another approach is to place a digital mark on the content so that a
device accessing the content can identify the content as copy protected.
 Peer- t o- P eer Net works a nd
Cyberlockers
peer-to-peer refers to a transient network allowing computers running the same
networking program to connect with each other and access files stored on each
other’s hard drives

Some of the computers on the Internet run

the same networking program to form a
peer-to-peer network. The network supports
multiple simultaneous file transfers. The files
may contain digitized music, images,
computer software, or other content.
 Peer- t o- P eer Net works a nd
Cyberlockers
Peer-to-peer networks stimulate the exchange of data in three ways.

First, they give each user access to data stored in many other computers.

Second, they support simultaneous file transfers among arbitrary pairs of computers.

Third, they allow users to identify those systems that will be able to deliver the desired
data more rapidly, perhaps because they have a faster Internet connection or are
fewer routing hops away.
 Peer- t o- P eer Net works a nd
Cyberlockers
● Cyberlockers (also called file-hosting services or cloud storage services) are
● Internet-based file-sharing services that allow users to upload password-protected
files.
● Users can give other people access to the files they have uploaded by sharing
passwords.
● People who wish to collaborate on a project often find sharing large files through
cyberlockers more convenient than sending them back and forth as attachments to
email messages.
● However, cyberlockers also make it easy for people to share copyrighted material,
such as songs and movies.
● In addition, cyberlocker use is much more difficult for government officials to track
than peer-to-peer file sharing.
 KEY
INTELLECTUAL
PROPERTY
ISS UES
discusses several issues that apply to intellectual property and information
technology, including plagiarism, reverse engineering, open source code, and cybersquatting
1. Plagiarism

● Act of stealing someone’s ideas or words as one’s own

● Many students
– Do not understand what constitutes plagiarism
– Believe that all electronic content is in the public domain
● Plagiarismdetection systems
– Check submitted material against databases of electronic content
1. Plagiarism

● Steps to combat student plagiarism

– Help students understand what constitutes plagiarism
– Show students how to document Web pages
– Schedule major writing assignments in portions
– Tell students that you know about Internet paper mills
(online databases that offer research papers on thousands of topics)
– Educate students about plagiarismdetection services
2. Reverse Engineering
● Process of taking something apart in order to
– Understand it
– Build a copy of it
– Improve it
● Applied to computer
– Hardware
– Software
● Convert a programcode to a higher level design
● Convert an application that ran on one vendor’s database to run on another’s
2. Reverse Engineering

Software reverse engineering is done

● to retrieve the source code of a program because the source code was
lost;
● to study how the program performs certain operations;
● to improve the performance of a program;
● to fix a bug (correct an error in the program when the source code is not
available)
● to identify malicious content in a program such as a virus or ;
● to adapt a program written for use with one microprocessor for use with
another.
3. Open Source

Open source code is any program whose source code is made available for use or modification,
as users or other developers see fit.

The basic premise behind open source code is that when many programmers can read,
redistribute, and modify a program’s code, the software improves.

Programs with open source code can be adapted to meet new needs, and bugs can be rapidly
identified and fixed.

Open source code advocates believe that this process produces better software than the
traditional closed model.
 Open Source Sof t ware

Acommon use of open source

software is to move data from one
application to another and to extract,
transform, and load business data
into large databases.

Two frequently cited reasons for

using open source software:
● it provides a better solution to a
specific business problem
● it costs less
4. Cybersquat t ing

● Cybersquatting is registering, selling or using a domain name with the intent

of profiting from the goodwill of someone else's trademark.
● It generally refers to the practice of buying up domain names that use the
names of existing businesses with the intent to sell the names for a profit to
those businesses
Summa ry

• Intellectual property is protected by

– Trade Secrets
– Copyrights
– Patents
– Trade mark
• Plagiarism is stealing and passing off the ideas and words of
another as one’s own
• Reverse engineering
– Process of breaking something down
– In order to understand, build copy, or improve it
Summa ry (cont inued)

Open source code

– Made available for use or modification as users or other developers see fit
Cybersquatting
– Registration of a domain name by an unaffiliated party
 Thanks!

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