IP and the Digital Environment

Question 1

Describe what intellectual property is

Answer 1

the economic value of intangible creations

Question 2

List some examples of IP rights

Answer 2

-Copyright
-Patents
-Trademarks
-Design rights
-Sui generis databese rights

Question 3

What is the Scope of protection for intellectual property rights

Answer 3

• An objectively discernible form of idea
  -Expressive or informational properties
  -A HUMAN creator

Question 4

where does whatever does not fall into the scope of protection of IP law fall

Answer 4

-public domain

Question 5

What does the public domain entail

Answer 5

• anyone in the general public can access, modify and share the material

Question 6

Explain what copyright is

Answer 6

• the legal right
  -grants creators
  -exc. control over
  -use
  -distribution
  -of their original product or
  -idea expression

Question 7

How does one get copyright for ones ideas

Answer 7

• Automatic

Question 8

What are the two types of rights guaranteed under copyright

Answer 8

-Economic rights:
-Right to reproduce (Art. 9 B)
-Right to translate (Art.8 B )
-Right to adapt (Art.12 B)
-Right to communicate to the public (Art. 11 B)

-Moral rights:
-To claim authorship over the work
-“ this is mine”
-can object against modification

Question 9

Where can the rights guaranteed under copyright be found

Answer 9

-Art. 9- Art.11

Question 10

Where can the duration of copyright be found?

Answer 10

-Art. 7(1) Berne Convention

Question 11

Where can the exceptions to copyright be found?

Answer 11

-Art. 10 Berne Convention

Question 12

Which legislation protects computer programs?

Answer 12

• Software Directive 2009/24/EC

Question 13

Describe the facts of the SAS v. World Programming Institute case

Answer 13

• SAS developed a set of computer programs called the SAS system used for data analysis
  -WPL developed a competing program called the World Programming System
  -wanted to emulate the SAS as closely as possible
  -SAS sues for infringement of copyright

Question 14

Explain the conclusion of the court in the SAS v. World Programming Institute case

Answer 14

• functionality of a computer program
• programming language
  -format of data file used in program 2 exploit certain of its functions
  -constitute a form of expression of that program
  -if you accept that the functionality of a computer programe falls in the scope of protection of copyright= allowing monopoly

Question 15

Explain what a patent is

Answer 15

• A limited-term monopoly right granted by the state in exchange
  -for the disclosure of an invention

Question 16

What is the criteria for granting a patent

Answer 16

• New/Novel
  -Involve an inventive step
  -Be capable of industrial application
  -Not to be found within excluded subject matter