IPR

Question 1

What are registered IPRs?

Answer 1

Patents - inventions
Trademarks - logos, names, smells
Domain names

Question 2

What are unregistered IPRs?

Answer 2

Copyright - literary, sounds, software

Question 3

what are patents?

Answer 3

= exclusive legal right granted for an invention that is;

• new
• involves inventive step (non-obvious)
• capable of industrial application

Duration: 20 years from filing date
Territorial right
Requires disclosure of the invention

Question 4

what are business method patents and give an example

Answer 4

patents for unique business processes/methods
lasts 17 years

example: amazon one-click ordering
‘method and system for placing a purchasing order via a communications network ‘
problem: very vague

Question 5

what is a patent troll?

Answer 5

a person or company that enforces its patents against alleged infringers in a manner that is opportunistic, to seek damages. Often they may have no intention to manufacture the product

Question 6

give an example of a patent war

Answer 6

2012 - Apple sued HTC over its ‘slide-to-unlock’ function.

HTC won

Question 7

what is copyright?

Answer 7

protection of intellectual property
unregistered right
arises automatically
lasts variable durations

must be;

• original
• skill involved
• permanent form (not just an idea)

Question 8

what was the problem with google books?

Answer 8

google scanned books and allowed users to search through them
sued in 2005, settled in 2008
- google agreed to pay compensation to copyright holders
- holders can now control how much content is shown and receive a % of revenues

Question 9

What is DRM?

Answer 9

Digital rights management = a class of controversial access control technologies that are used by hardware manufacturers, publishers, copyright holders, and individuals with the intent to limit the use of digital content and devices after sale.

DRM is any technology that inhibits uses of digital content that are not desired or intended by the content provider.

Question 10

what is the case for DRM?

Answer 10

• can provide a secure distribution of digital content

- allow firms to gain some additional advantages, ensure the profit

Question 11

what is the case against DRM?

Answer 11

• not very effective in preventing piracy, but can prevent the legitimate users to take the full advantage of the digital media e.g. making copies of CDs
• anonymity of consumption is impossible, infringes privacy

Question 12

Outline some government initiatives to fight privacy

Answer 12

Digital economy act

• relies on ISPs (internet service providers)
• notifies customers when their account has been used to infringe copyright and issues warning
• criticism from ISPs - it unfairly forces them to police browsing behaviour

Question 13

what is trademark?

Answer 13

word, name, phrase, colour,smell, symbol, design that distinguishes the source of the goods/service (TM)

Registered, duration is 10 years and can be renewed indefinitely

Provides exclusive right to prevent others from making the same product under same mark

Question 14

what is domain name?

Answer 14

URL - unique resource locator

variation of trademark

Question 15

what are domain name issues?

Answer 15

cybersquatting

typosquatting

domain name piracy

domain name mimicry

Question 16

what is typosquatting?

Answer 16

brandjacking which relies on mistakes such as typographical errors made by Internet users when inputting a website address into a web browser.

Should a user accidentally enter an incorrect website address, they may be led to an alternative website owned by a cybersquatter

e.g. register website bcc.co.uk and place advertising links on it.

Question 17

what is cyberquatting?

Answer 17

registering, trafficking in, or using a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.

The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.

Can be done on social media, with people impersonating celebrities/public figures

Question 18

Define DRM

Describe two potential impacts on privacy

Answer 18

Digital rights management = a class of controversial access control technologies that are used by hardware manufacturers, publishers, copyright holders, and individuals with the intent to limit the use of digital content and devices after sale.

• have to disclose identity
• can’t do things within legal rights such as make copies of products

Question 19

apple-samsung case

Answer 19

August 2012
Apple won $1bn in damages from Samsung after court ruled that Samsung infringed on many of Apple’s patents including;
- ‘bounce-back’ feature, when scrolling at the end of a list
- ‘pinch-to-zoom’ feature
- physical design

Question 20

problems with IPR in the digital world

Answer 20

• based on vague concepts rather than tangible creations
• vague algorithms or business methods
• allows patent holders to claim sweeping ownership of other unrelated products

$20bn spent on patent litigation in the last 2 years