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COM6655 Professional Issues > Week 3/4 Intellectual Property > Flashcards

Week 3/4 Intellectual Property Flashcards

1
Q

What is intellectual property (IP)?

A

It is the name given to legal rights that protect creative works, inventions and commercial goodwill

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2
Q

What is included in the Intellectual Property Rights (IPR)?

A
  • copyright
  • patents
  • trademarks
  • law of confidence
  • passing off
  • design rights
    semiconductor regulation
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3
Q

What is copyright?

A

Copyright protects the expression of an idea, not the idea itself. Copyright is a benefit granted by statute and it protects literary, artistic and musical works.

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4
Q

What rights does copyright provide the owner with?

A

Copyright provides the owner with exclusive rights to:
- publish
- perform
- broadcast
- adapt
- copy

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5
Q

What is the duration of copyright?

A

It exists for
- 70 years after the author’s death or
- 50 years after the creation of the work

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6
Q

What is the law of confidence?

A

It protects ideas before they are sufficiently developed to enable copyrighting or patenting. It is based on the common law so it is flexible and can keep pace with advancing technology.

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7
Q

What is the limitation of the law of confidence?

A

The limitation is that the information must be confidential and not in the public domain.

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8
Q

What are the laws relating to designs?

A
  • Ergonomic mouse
  • Silicon chips
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9
Q

What is a trade mark?

A

It is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. It consist of words, numerals, colors, sounds or the shape of goods.

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10
Q

What is patent law?

A

It gives the owner the exclusive right in an invention.

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11
Q

How can one acquire a patent?

A

Applications are handled by the Intellectual Property Office. If a patent is granted, it can be held by 20 years.

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12
Q

What can be patented?

A

The invention must be new, involve an inventive step and must be capable of industrial application.

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13
Q

What cannot be patented?

A

Things that are directly protected by copyright are excluded from patentability.

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14
Q

What are Non-fungible tokens (NFTs)?

A

They are digital certificates stored in a centralized ledger (blockchain)

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15
Q

What is fungibility?

A

It is a legal concept relating to the ability of an asset to be exchanged with another asset of the same type

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16
Q

What does the Copyright, Designs and Patents Act 1988 (CDPA) protect?

A

It provides copyright for the following:
- original literary, dramatic, musical or artistic works
- sound recordings, films, broadcasts, cable programmes
- the typographical arrangement of published editions
- later additions

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17
Q

What exclusive rights does the CDPA give to the owner of the copyrighted work?

A
  • To copy the work
  • To issue copies of the work to the public
  • To perform, show or play the work in public
  • To broadcast the work or include it in a cable program service
  • To make an adaptation of the work
18
Q

What is infringement of copyright?

A

A person infringes copyright if they do a restricted act or authorize another to do a restricted act without the permission of the copyright owner.

19
Q

What are the remedies for copyright infringement?

A

Injunction
- a court order requiring the defendant to do something or refrain from doing something
______________________
Damages
- copyright damages are assessed as the estimated loss resulting from the infringement
______________________
Additional damages
- when the copyright owner has suffered damage to reputation or feelings as well as financial loss
______________________
Criminal penalties for ‘secondary infringements’

20
Q

What is a computer generated work?

A

It is ‘generated by a computer in circumstances such that there is no human author’

21
Q

What is the requirement of a computer program for it to be copyrighted?

A

The CDPA states that a computer program must be original and recorded.
Original: The program should be the result of a modest amount of skill, labour or effort and that it originates from the author.

22
Q

What are restricted acts for computer programs?

A
  • Copying
  • Issuing copies to the public, including rentall
  • making an adaptation
23
Q

What is copying?

A

It means reproducing the work in any material form, including electronic storage.

24
Q

What is making an adaptation of a work?

A

It includes translating it and aims to control the decompilation and disassembly of computer programs.

25
Q

What does the Copyright Regulations 1992 grant?

A

They grant
- the right to decompile
- the right to make back-up copies
- the right to copy or adapt for purposes of error correction

26
Q

How are computer programs decompiled?

A

A lawful user of a program may decompile a program if necessary to obtain the information necessary to achieve the interoperability of an independently created program with the decompiled program

27
Q

What is Free Software Foundation (FSF)?

A

It allows rights to use, modify, and redistribute the program’s code or any program derived from it.

28
Q

What are the requirements for a patent to be granted?

A
  1. The invention is new
  2. It involves an inventive step
  3. It is capable of industrial application
29
Q

How can computer programs be protected by patent?

A

They can be protected by patent indirectly if they are part of an application which includes other elements patentable in their own right.

30
Q

What are the requirements for breach of confidence?

A
  1. The information must have the necessary quality of confidence about it.
  2. The information must have an obligation of confidence
  3. There must be an unauthorized use of that information to the detriment
31
Q

What are the four elements that are necessary in testing for quality of confidence?

A
  1. Release of the information would injure the owner
  2. The owner must believe the information to be secret
  3. The owner’s belief in 1 and 2 must be reasonable
  4. The information must be judged in the light of usages
32
Q

What are some examples of information which has quality confidence?

A
  1. Ideas for a new or improved computer system, hardware or software
  2. List of customers and associated information
  3. The information stored on computer databases
  4. A company’s strategy for future research and development
33
Q

What is obligation of confidence?

A

A person who is given information but is unaware of its confidential nature will be able to use it freely.

34
Q

What is the major weakness of the law of confidence?

A

It is ineffective against innocent third-party recipients of the information.

35
Q

What is Free Software Foundation (FSF)?

A

It allows rights to use, modify and redistribute the program’s code or any program derived from it but only if the distribution terms are unchanged.

  • Freedom to run the program, for any purpose
  • Freedom to study how the program works, and adapt it to your needs
  • Freedom to redistribute copies so you can help your neighbour
  • Freedom to improve the program, and release your improvements to the public
36
Q

How can a computer program be patented indirectly?

A

It can be protected by patent indirectly if they are part of an application which includes other elements patentable in their own right.

37
Q

What is the Law of Confidence?

A

It protects ideas.

38
Q

What is quality of Confidence?

A
  1. Release of the information would injure the owner of the information or benefit others.
  2. The owner must believe the information to be secret and not already in the public domain.
  3. The owner’s belief in 1 and 2 must be reasonable.
  4. The information must be judged in the light of usage or practices of the particular trade or industry.
39
Q

Give some examples of information which has a quality of confidence.

A
  1. Ideas for a new or improved computer system, hardware or software.
  2. List of customers and associated information.
  3. A company’s strategy for future research
40
Q

What is the major weakness of Law of Confidence?

A

A person who is given information but is unaware of its confidential nature will be able to use it freely. So, it is ineffective against innocent third party recipients of the information.

COM6655 Professional Issues (5 decks)

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