IPR Flashcards
What are registered IPRs?
Patents - inventions
Trademarks - logos, names, smells
Domain names
What are unregistered IPRs?
Copyright - literary, sounds, software
what are patents?
= 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
what are business method patents and give an example
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
what is a patent troll?
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
give an example of a patent war
2012 - Apple sued HTC over its ‘slide-to-unlock’ function.
HTC won
what is copyright?
protection of intellectual property
unregistered right
arises automatically
lasts variable durations
must be;
- original
- skill involved
- permanent form (not just an idea)
what was the problem with google books?
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
What is DRM?
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.
what is the case for DRM?
- can provide a secure distribution of digital content
- allow firms to gain some additional advantages, ensure the profit
what is the case against DRM?
- 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
Outline some government initiatives to fight privacy
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
what is trademark?
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
what is domain name?
URL - unique resource locator
variation of trademark
what are domain name issues?
cybersquatting
typosquatting
domain name piracy
domain name mimicry
what is typosquatting?
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.
what is cyberquatting?
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
Define DRM
Describe two potential impacts on privacy
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
apple-samsung case
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
problems with IPR in the digital world
- 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
