Intellectual Property Flashcards
What 4 things does Intellectual property legislation include laws on?
1 copyright;
2 trademarks;
3 patents;
4 trade secrets.
What is copyright?
A copyright gives a CREATOR of a literary, dramatic, musical or artistic work the right to CONTROL THE WAYS in which their material may be used.
Applies to WORK, rather than the IDEA.
How long does copyright last for?
Copyright is automatic for literary, dramatic, musical or artistic works (but many use ○c year, owner) and lasts for 70 years. This includes software, web content and databases
What 5 things can copyrighted content be used for?
∙ non-commercial research and private study;
∙ text and data mining for non-commercial research;
∙ criticism, review and reporting current events;
∙ teaching;
∙ parody, caricature and pastiche.
What are the 4 freedoms of copyleft?
1) The freedom to run the program as you wish, for any
purpose;
2) The freedom to study how the program works, and change it so it does your computing as you wish;
3) The freedom to redistribute copies so you can help others;
4) The freedom to distribute copies of your modified versions to others
What is a trademark?
A trademark is something (a word or a sign) which enables one to identify goods or services as coming from a particular source.
What are the 9 properties of a trademark?
Distinguishable, Recognisable, Unique It cannot: ∙ be offensive; ∙ be descriptive; ∙ be misleading; ∙ be three dimensional; ∙ be common/non-distinctive; ∙ be used
How long does a trademark last?
10 years
What is a patent?
A patent gives someone the right to stop others from making, using or selling their invention without permission.
In return for the disclosure of his invention the inventor is given a monopoly on the use of it for 20 years.
What 3 qualities must an invention have for it to be patentable?
∙ it must be new;
∙ it must involve an inventive step;
∙ it must be capable of industrial application.
What are trade secrets?
A trade secret provides competitive advantage to its owner because the information is not generally known and has been subject to reasonable efforts to maintain its secrecy
Who should know trade secrets?
Knowledge of trade secrets should be confined to those who “need to know”.
Anyone with access to trade secret information should be prohibited from disclosing the information, ideally, by contract.
What 5 things does copyright not include?
∙ non-commercial research and private study;
∙ text and data mining for non-commercial research;
∙ criticism, review and reporting current events;
∙ teaching;
∙ parody, caricature and pastiche
Who does the copyright go to in case of employment and in case of supply?
Employment: employer
Supply: contractor
What is copyleft and who promoted the idea?
The idea of not trying to keep something for yourself and protecting it, but the idea of trying to give it away.
Richard Stallman promoted it.
Allows users to use, study, distribute, modify.