Intellectual Property Flashcards
What is IP and provide examples?
IP is the name given to legal rights which protect creative works, inventions and commercial info. For example, ideas, creative works, books, music, algorithms, software, design, logos, etc…
What are 3 ways in which IP can be protected in the law?
Because IP is intangible and has value it may be protected with:
Copyright: Covers the right to copy a piece of work (most important in IS) but is limited by the doctrine ‘fair use’.
Patents: Protects new inventions from being exploited w/o permissions.
Trademarks: Protects any supplier and manufacturer product names and logos.
In Bespoke software, who own IP? What are the exceptions?
The contract should state who owns IP in the ‘ownership clause’ but usually it’s assigned to the client except software is open source, or proprietary, and excludes IP for methodology / process used during development (retained by supplier).
Can software be patented what is the difference between USA and EU?
In principle software cannot be patented but patents have been granted depends on jurisdiction. In the USA, software cane if it’s part of a patentable device, software is a process that has some physical effect, software process data from physical world.
In the EU, the position is unclear.
Do developers own IP?
IP goes to author unless produced as employee (goes to employer), produced by contractor who relinquished rights contractually, or if there’s formal agreement otherwise.
Provide an example of Patent lawsuits?
In 2010 Google was sued by Viacom for infringement of copyright by Youtube.
How Copyright and Patent obtained and how long does its last?
Copyright: Comes into existence once it has been written down / recorded - no need to register and lasts for 70 years.
Patents: Must be obtained and then provides temporary right for 20 years.
What is fair use?
Copyright rights are limited by ‘fair use’ or ‘fair dealings’. Used for criticism, commentary, news reporting, teaching, and research are considered fair.
Fair use can only be determined in a court of law, what are the 4 factors considered?
- Purpose: commercial vs non-profit
- Nature of copyright work
- Amount used in relation to copyrighted work
- Effect upon potential market value.
