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Note for Information Security and Cyber Law - ISCL by Rishabh Pathak

  • Information Security and Cyber Law - ISCL
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TYBSC-IT (SEM 6) ELECTIVE IPR UNIT 1 INTRODUCTION Intellectual Property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, and in some jurisdictions trade secrets. Many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and by 20th century it was the common place in the globe. Intellectual property is something you create that‟s unique. It includes copyright, patents, designs and trademarks, and can be: Something you manufacture, like a new product. A product‟s design or look. A brand or logo. Written work, like content on a website. Artistic work, like photography or illustrations. Film recordings or musical compositions. Computer software like applications. You can‟t protect an idea - but you can often protect what you do with it. For example, you can‟t protect an idea for a book. But if you write it, you can protect the words you‟ve write. Modern usage of the term intellectual property goes back at least as far as 1867 with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property (Schutz des geistigen Eigentums) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted the term intellectual property in their new 1

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TYBSC-IT (SEM 6) ELECTIVE IPR combined title, the United International Bureaux for the Protection of l Intellectual Property. The organisation subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. According to Lemley, it was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage until passage of the Bayh-Dole Act in 1980. “The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558-1603) for monopoly privileges..,. Approximately 200 years after the end of Elizabeth‟s reign, however, a patent represents a legal obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention the evolution of patents from royal prerogative to common-law doctrine.” Types of IPR: Common types of intellectual property rights include patents, copyright, industrial design rights, trademarks, trade dress, and in some jurisdictions trade secrets. There are also more specialized varieties i.e. exclusive rights, such as circuit design rights (called mask work rights in USA law, protected under the Integrated Circuit Topography Act in Canadian law, and in European Union law by Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products), plant breeders‟ rights, plant variety rights, industrial design rights, supplementary protection certificates for pharmaceutical products and database rights. Protecting your Intellectual Property Rights: Protecting your intellectual property allows you to: Stop others using what you‟ve created without your permission. Charge others for the right to use what you created. Getting the Right Type of Protection: The type of protection you need depends on what you‟ve created. For example, artistic works are protected by copyright, while inventions are protected by patents. You can use more than one type of protection for the same product. For example, you can patent your product and register its name as a trademark. You can check which type of intellectual property protection best suits you and how to make the most of it by using the Intellectual Property Office‟s. 2

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TYBSC-IT (SEM 6) ELECTIVE IPR 1.2 COPYRIGHT: Copyright protects original: Literary and written work, like novels Dramatic, musical and artistic works and their performances. Television, film, sound and music recordings. Computer software. Illustration and photography. You automatically get copyright protection when you create something original ^ you need not to register it. But before making your work public, you should mark it with: The copyright symbol (©). The copyright holder‟s name. The year the work was created. This gives you more protection, as it shows others that it‟s covered by copyright and who owns it. Copyright is a legal concept, adopted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to get compensated for their work and be able to financially support themselves. Generally, it is “the right to copy”, but also gives the copyright 3

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TYBSC-IT (SEM 6) ELECTIVE IPR holder the,right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. It is a form of j intellectual property (like the patent, trademark, and trade secret) applicable to any expressible form of an idea or data that is substantive and discrete. Copyright initially was conceived as a way for government to restrict printing; the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. Copyrights are said to be territorial, which means that they do not extend beyond the territoiy of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator‟s death, or a finite period for anonymous or corporate creations. Some jurisdictions required formalities to establishing copyright, but most recognize copyright in any completed work, without any registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing “fair” exceptions to the creator‟s exclusivity of copyright, and give users certain rights. The ^development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law‟s philosophic basis. Simultaneously, businesses with great economic dependence upon copyright have advocated the extension and expansion of their intellectual property rights, and sought additional legal and technological enforcement. When your work is Protected by Copyright: To be protected by copyright, your work must: Be original (you will need to be able to prove that you‟ve made a significant creative contribution to it) Physically exist (it can‟t be just an idea) Copyright in the UK lasts for the rest of the creator‟s life plus 70 years. Copyright Overseas: How long copyright lasts in these countries varies, but it‟s usually a minimum of 50 years (25 years for photographs). 4

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