Chapter 4 Intellectual Property

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Chapter 4 Intellectual Property by Mind Map: Chapter 4 Intellectual Property

1. you can prevent other people from making, using, or selling your design for up-to 10 years if it is registered. If you do not register the design and the article is mass produced for the public, you will have no legal claim of ownership and anyone can imitate or copy the design.

2. Software protection

2.1. Intellectual property for software is computer code or software protected by law under either a copyright, trademark, trade secret, or software patent.

2.2. A software protection dongle is a tiny hardware device connected to a computer I/O port to authenticate commercial software. It ensures the software’s protection by rendering the software inoperable when a required hardware device is not connected. Software without a dongle will either not run completely or will operate in restricted mode. This term is also known as Hardware Token, Security Device, Steinberg Key and Hardware Key. These are proprietary names used by various manufacturers.

2.3. software dongle: What is SOFTWARE PROTECTION DONGLE? What does SOFTWARE PROTECTION DONGLE mean?

3. A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

4. Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.

4.1. Classes of works for which copyrights protection is -Original literary, -dramatic, -musical -artistic works -Cinematograph films -Sound recordings.

5. Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence).

6. Industrial design right is a form of intellectual property right. These rights protect the visual design of objects. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, containing aesthetic value. Industrial designs help in making any product or item more beautiful and appealing. When a new and original design is created, applied to a product, and commercialized, if it obtains a certain level of commercial success, it is very important to protect the design legally. This is because if a third party (normally a competitor) manufactures, uses or sells products with the same design or a very similar one that can be confused with the original, it will be highly detrimental for the creator of the design.

7. Guidelines

7.1. Anything goes!

7.2. No criticism or flaming allowed

7.3. The Wilder The Better

7.4. Quantity is Quality

7.5. Set a Time Limit

8. Define Information Highway and Copyright

8.1. Information Highway is a popular buzzword to describe the Internet, bulletin board services, online services, and other services that enable people to obtain information from telecommunications networks.

8.2. The global information and communications network that includes the internet and other networks and switching systems such as telephone networks, cable television networks, and satellite communication networks.

9. types of copying

9.1. copyright

9.1.1. Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.

9.2. patent

9.2.1. Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items.

9.3. trademark

9.3.1. A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark.

10. Multimedia protection

10.1. Multimedia Protection provides scholars, management professionals, researchers, and lawyers in the field of multimedia information technology and its institutional practice with thorough coverage of the full range of issues surrounding multimedia intellectual property protection and its proper solutions from institutional, technical, and legal perspectives.

10.2. MULTIMEDIA CONTENT PROTECTION Three of the most important objectives of information security are • confidentiality, to protect information from unauthorized disclosure; • data integrity, to ensure that information has not been manipulated in an unauthorized way; and • authentication, to determine both the identity of the sender and the sender’s active participation in a protocol (entity authentication) and to determine the identity of the sender (message authentication). Message authentication also includes evidence of data integrity: If information is modified during transmission, the sender can’t be the originator. Multimedia communications or storage systems should meet some or all of these objectives.

10.3. Multilayer Protection for Multimedia producers. Prevent unauthorised or infringement of Multimedia assets.

11. advantages and disadvantages of protection under Copyright Act 1987

11.1. Advantages

11.1.1. 1. IT acts 2000 attempts to change outdated law and provides ways to deal with cyber crimes

11.1.2. 2. The act has proposed a legal framework for the authentication and origin of electronic records/ communications through digital signature

11.1.3. 3. e-mail would be a legal and valid form of communication in context of e-business

11.1.4. 4. digital signatures have been given legal validity and sanction in the act

11.2. Disadvantages

11.2.1. Copyright registration takes time and costs. Some may think that copyright protection stifle people make new idea

12. Copyright Infringement

12.1. Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

12.2. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

12.3. How Do I Avoid Copyright Infringement? Assume Copyright Until Proven Otherwise Understand Copyright Exemptions Understand the Limits of Copyright Consult an Attorney

12.4. two types of copyright infringement: primary and secondary. For primary infringement to occur, there must have been a direct infringement by a person/organization of an exclusive right. Secondary infringement occurs when a person/organization facilitates another person or group of people to infringe upon a copyright.

12.5. Infringe rights granted to copyright holders, for example reproduce, publish, display or perform the products or services

13. theories in Copyright Infringement

13.1. Copyright is intended to benefit society as a whole. It’s easy to lose sight of this broader perspective in the course of day-to-day dealings with copyright, but it’s important to keep in mind, especially as we consider the ways in which the current copyright system might be improved.

13.2. The growth of the Web and other Internet technologies has and will continue to raise a number of copyright issues concerning caching, implied licenses, linking and framing, fair use, and direct, contributory and vicarious liability for third party content.

14. Trade Marks Law

14.1. Laws of Malaysia Act 175 Trade Marks Act 1976

14.1.1. The primary purpose of the trademark laws is to prevent unfair competition by applying a test of consumer confusion and providing rights and remedies to the owner of the trademark.

14.2. A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark.

14.3. What is a trademark? A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Its origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a functional or practical nature. Over the years, these marks have evolved into today’s system of trademark registration and protection. The system helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark – meet their needs.

15. trademark infringement.

15.1. Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer.

15.2. Trademark cases

16. areas of concern with respect to trademark infringement :

16.1. deep linking

16.1.1. In the context of the World Wide Web, deep linking is the use of a hyperlink that links to a specific, generally searchable or indexed, piece of web content on a website

16.1.1.1. Example

16.1.1.1.1. What is the deep link solution for apps? Mobile app deep links (also known simply as “deep links”) point to content inside an app. If you want to share a pair of shoes from the Jet with a friend, you can send a deep link that brings your friend directly to those shoes in the app. Without a deep link, your friend would have to find the Jet app on the App Store or Play Store, open the app to the homepage, locate the Search function, and then try to find the same pair of shoes you did.

16.1.1.1.2. Example A link to the address Deep linking - Wikipedia is an example of a deep link. The URL contains all the information needed to point to a particular item, in this case the "Example" section of the English Wikipedia article titled "Deep linking", as opposed to only the information needed to point to the highest-level home page of Wikipedia at https://www.wikipedia.org/.

16.2. metatags

16.2.1. Meta tags are snippets of text that describe a page's content; the meta tags don't appear on the page itself, but only in the page's code. We all know tags from blog culture, and meta tags are more or less the same thing, little content descriptors that help tell search engines what a web page is about.

16.3. framing

16.3.1. Framing" is the process of allowing a user to view the contents of one website while it is framed by information from another site, similar to the "picture-in-picture" feature offered on some televisions. Framing may trigger a dispute under copyright and trademark law theories, because a framed site arguably alters the appearance of the content and creates the impression that its owner endorses or voluntarily chooses to associate with the framer.

16.3.1.1. advantages

16.3.1.1.1. Simplifying maintenance of content shared across all or most pages, such as navigation data. If an item needs to be added to a sidebar navigation menu, the web page author needs to change only one web page file, whereas each individual page on a traditional non-frameset website would have to be edited if the sidebar menu appeared on all of them.

16.3.1.1.2. reducing the amount of bandwith needed by not re-downloading parts of the page which has

16.3.1.1.3. Allowing footnotes or digression to appear in a dedicated section of the page when linked to, so that the reader does not lose their place in the main text.

16.3.1.1.4. allowing several pieces of information to be viewed side by side .

17. Organizations related to trademark laws

17.1. European Union Intellectual Property Office (EUIPO)

17.2. Benelux Office for Intellectual Property (BOIP)

17.3. International Trademark Association (INTA)

17.4. USPTO Official Gazette (OG)

18. Industrial Design Law

18.1. The main advantage of industrial design registration over copyright is that a registered industrial design can be reproduced in mass by its creator, while retaining its protection against unauthorized copies. This aspect of the Industrial Designs Act makes it of particular interest to the clothing industry (as an example), because a designer can authorize mass reproduction of his artistic creation, while remaining protected against unauthorized reproductions by third parties. The registration of an industrial design remains valid for a period of ten (10) years.

19. infringement of patent

19.1. Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement.

19.2. Different Types of Patent Infringement There are different ways another party may infringe on your patent, including: Direct Infringement: This occurs when a product covered by a patent is manufactured without permission. Indirect Infringement: An indirect infringer may induce infringement by encouraging or aiding another in infringing a patent. Contributory Infringement: This occurs when a party supplies a direct infringer with a part that has no substantial non-infringing use. Literal Infringement: This exists if there is a direct correspondence between the words in the patent claims and the infringing device.

20. What is intellectual property

20.1. Intellectual property (IP) is a piece of work that isn't a tangible object. IP usually comes from creativity and could be could be a manuscript, a formula, a song, or software. Under the law, copyrights, trademarks, trade secrets, and patents protect IP.

20.2. Intellectual property refers to creations of the mind, such as -inventions; -literary artistic works; designs; and symbols, names and images used in commerce.

20.3. It is also protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

20.3.1. The growth of the Web and other Internet technologies has and will continue to raise a number of copyright issues concerning caching, implied licenses, linking and framing, fair use, and direct, contributory and vicarious liability for third party content.

20.4. for a limited time

20.5. It is also aims to foster an environment in which creativity and innovation can flourish

20.6. Works that is result of creativity which has rights to apply trademark, copyright, patent, semiconductor & etc.

21. why register for industrial design

21.1. For business owners, an industrial design registration may be a valuable business asset. The success of a product is usually influenced by its appearance; in an aesthetic-driven consumer base, the looks of a fashionable product looks can often be equally or more important than its functionality.

21.2. Obtaining exclusive rights to a product with a particular appearance may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.

21.3. An industrial design registration can also be sold or licensed to others. If you do not want or do not have the capability to produce the product protected by your industrial design, you may be able to sell or license your design to another and earn a royalty on their sales.

22. TYPES OF INTELLECTUAL PROPERTY

22.1. Tangible property

22.1.1. includes physical objects such as land, car, estates.

22.1.2. something you can see, touch

22.2. Intangible property

22.2.1. includes a list of products of human intellect such as patents, copyrights, trademark and industrial design.

22.2.2. something you cannot see. peoples idea and etc

23. trade secret Law

23.1. Type of intellectual property such as formulary, know how, process, system, or confidential information that gives its owner a competitive advantage and unauthorized disclosure of which will harm the owner. Courts generally grant injunctions to prevent a threatened disclosure of a trade secret by the current or former employees because otherwise the relationship of trust between the employer and employee will be destroyed. The employer must, however, demonstrate that he or she actively safeguarded the trade secret and had informed the employees that it was to remain confidential. Read more: http://www.businessdictionary.com/definition/trade-secret.html

23.2. A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers.

23.3. Trade Secret Law - Overview Trade secret law is a branch of intellectual property law that is concerned with the protection of proprietary information against unauthorized commercial use by others. In the United States, misappropriation of trade secrets is forbidden by the Uniform Trade Secrets Act (UTSA) and the Economic Espionage Act of 1996.

24. Ways to protect intellectual property

24.1. Educate yourself and team on the basics of trademarks, copyrights, patents, and trade secrets

24.2. Keep It Close

24.3. Cover Your Legal Bases And Encrypt Your IP

24.4. Protect your IP early as registration takes time

24.5. Conduct an audit to identify all your registered and unregistered trademarks and copyrights

24.6. Be prepared to take legal action over IP infringement

25. INTELLECTUAL PROPERTY CRIME

25.1. Intellectual property crime is more generally known as counterfeiting and piracy. Counterfeiting is, wilful trade mark infringement, while piracy involves, wilful copyright infringement. These are very similar and often overlapping crimes. IP crime is not a new phenomenon but due to globalisation and advances in technology counterfeiting and piracy has become big business.

25.2. There are 4 main factors contributing to the growth of IP crime: 1) Widespread availability of technology 2) Increased globalization of world trade; it is easier to manufacture in one geographic location and distribute elsewhere. The result of more open borders and more trade is that it is also easier for counterfeits to flow across borders. Legal penalties are low; if they exist at all. The influence of organized crime.

25.3. IMPACT

25.3.1. Infringements of intellectual property rights reduce the revenues of the affected businesses. The resulting adverse social and economic effects include the loss of jobs and livelihoods. There are also other costs. As counterfeit goods are produced without regard to EU health and safety standards, they may be dangerous for consumers. Government revenue is also affected by counterfeiting and piracy, which can stifle investment and innovation, hinder economic growth and reduce the creation of wealth. In addition, the criminal groups involved in intellectual property crime often use the profits to finance other illegal activities.

26. What is Intellectual Property? Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.