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WHAT
IS INTELLECTUAL PROPERTY? “The product of thought,
creativity and intellectual effort.”
Potatoes, carrots Paper, pencils Furniture, vehicles Reports, software specialist equipment, funded design work
Confidential Information Copyright Designs Patents Trademarks Know how / Expertise
Oral disclosure Information that is not PUBLIC
knowledge Information you are obliged to
keep Confidential, either contractual implied CONFIDENTIAL INFORMATION – DISCLOSING & RECEIVING Actions to take when disclosing or receiving confidential
information.
PROTECTING CONFIDENTIAL INFORMATION WIPO figures for 1980 indicated that for software
firms: 75 % relied on Trade Secrets for protection 15 to 17 % relied on Copyright protection 5 % relied on Patent protection Due to legislation changes, there has now been a shift
in favour of copyright protection THE PRO'S & CON'S OF PROTECTION VIA CONFIDENTIAL
INFORMATION
CONFIDENTIAL INFORMATION – TIME AND VALUE An obligation of Confidence can last FOREVER Confidential Information can be VERY VALUABLE For example : the Coca
Cola recipe WHAT IS COPYRIGHT? The right to prevent copying of an original work
(Literary, Artistic, Dramatic). Protects form and appearance not general ideas or
underlying concepts. Copy does not have to be exact or complete to infringe
copyright COPYRIGHT IN COMPUTER PROGRAMS The CDPA (Copyright, Designs and Patents Act) 1988
explicitly includes “a computer program” within the definition of a
“literary work”. The definition of “literary work” also includes “a table
or compilation” - hence databases are also protected by copyright. By the
time they are marketed most software packages comprise a complex bundle of
discrete copyright works. A BUNDLE OF COPYRIGHTS For example: Consider a word processing software
package: The program code which provides the word processing
functions: Literary Work (Computer Program) HOW LONG DOES COPYRIGHT LAST? Recently changed due to a European Directive. Term = Life of Author + 70 years Except for: IS COPYRIGHT INTERNATIONAL? Copyright protection is afforded by National Law,
however, signatories to the Berne Convention offer reciprocal protection to
copyright works. DO I NEED TO REGISTER COPYRIGHT? Copyright protection arises automatically when the
work is created. Work is created when it is recorded physically (e.g.
written, tape recorded). For speeches without notes - copyright belongs to
author of the speech regardless of whether recording was authorised or not. WHY IS THE AUTHOR IMPORTANT The first owner of the copyright is the Author (except
for employees, Crown Copyright). The term of copyright protection is based
on the life of the Author. The Author can assert “Moral rights” (see next
section) regarding the treatment of his work. MORAL RIGHTS OF AN AUTHOR Right to be identified as Author (must be asserted) Right to object to “Derogatory” treatment Right to object to “False Attribution” (term = life +
20 years) Right of Privacy in photographs and films made for
private and domestic purposes. INFRINGEMENT OF COPYRIGHT Independent creation of a similar work is not an
infringement of copyright DEALING IN COPYRIGHT Assignment: Ownership of copyright can be
transferred by written contract (even before the work is created).
Individual rights can be transferred separately. COMPUTER SOFTWARE LICENCE - Permission to do something
that is otherwise unlawful right to use the software (though may be restricted to
a single computer) prohibition on copying the software (except for
back-up purposes) prohibition on altering, modifying or adapting the
software EUROPEAN SOFTWARE DIRECTIVE Decompilation of
software to an extent necessary to interface new software to it does not
require authorisation (or licence) from the copyright owner. Information so
derived cannot be used for development, production or marketing of a
computer program substantially similar to the decompiled software. However,
you cannot decompile where the copyright owner provides sufficient
information to allow interface to be made. ESCROW AGREEMENTS Holding of business-critical material (e.g. source
code), or intellectual property, by an independent third-party (e.g. NCC
Group), the Escrow agent. The licensor, the licensee and the Escrow agent
sign a tripartite agreement governing release of the material. On specified
events (e.g. licensor going into liquidation*), the Escrow agent releases
the source code to the licensee. *NOTE: Problems can arise with liquidators due to
release of such a major asset. DESIGN RIGHT – SEMI CONDUCTOR CHIP TOPOGRAPHY Regulations introduced in 1989 as an amendment to the
CDPA 1988. Creation occurs once topography is in a form that can be
reproduced, term of protection – 15 years from the date of first marketing. PROTECTION OF DESIGNS There are 2 types of protection
PATENTS WHAT IS A PATENT? A patent is granted by the State and gives the
inventor an exclusive monopoly of his invention for a limited time. Patent
require the inventor to disclose the invention so that the public at large
can practise the invention on expiry of the patent. Thus, patents are
PUBLISHED. and are not secret. HOW LONG DOES A PATENT LAST? In the HOW DO I GET A PATENT? For an invention to qualify for patent protection it
must be ... New PATENT EXCLUSIONS Exclusions from patentability include: Treatment of humans / animals CASE STUDY - AERO® CHOCOLATE What does the AERO® chocolate patent cover? THE SPECIFICATION FOR A PATENT Must be detailed enough to allow a person skilled in
the art to apply the invention EXAMPLE OF A METHOD CLAIM RE PATENTS - THE TENT PEG ARE PATENTS INTERNATIONAL? Patents are national rights granted by the state
Trademarks are used to identify an organisation's
products from those of their competitors usually on the basis of quality
and hence engender brand loyalty. Trademarks are also used to protect names
/ logos and "get-up" of businesses and services. There are two
types of trademarks registered and unregistered:
Further Information See also information on IPR at www.intellectual-property.gov.uk
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