The value in software is normally associated with knowledge and knowledge is a form of
intellectual property which can be protected by copyright and other mechanisms.
What is Intellectual Property (IP)? is "property of the mind"; e.g., inventions, literary and
artistic works, designs, and symbols, names and images used in commerce.
It's important to note that IP isn't actually an idea itself, but rather the expression of an idea.
Intellectual property calls for;
● Recognition of the investments in innovations: IP Protection
● Intellectual Property rights help to deter potential infringers
● IP can generate revenue and has value in the marketplace
● Technology start-ups usually have IP worth protecting
Intellectual Property Rights(IPR): Rights to which creators of original creative works are
entitled
How does IP differ from IPR?
The term IP means the (abstract) product of the intellect and the term IPR means a legal right
covering IP.
Types of Intellectual Property
● Patents for inventions (new technologies with potential for industrial application)
Grants the holder the right to exclude others from making, using, selling or offering for sale or
importing the invention, in exchange for full disclosure of that invention (NUI Maynooth, 2011)
A patent can be bought, sold or licensed.
Patentable technology must satisfy three criteria:
❖ Novelty
❖ Non-Obviousness (Inventive Step)
❖ Utility (Applicability)
Assigning inventorship in US requires two steps:
Conception: the formation in the mind of the inventor of a definite and permanent idea of the
complete and operative invention, as it is applied in practice.
Reduction-to-Practice: the physical making of the invention and the demonstrating that it works
● Designs for product (appearance, contours, colours, shape, texture)
Relate to the look and feel or aesthetics of a product, part of whole, including shape, size,
configuration, layout, colours, lines and contours, texture and ornamentation, not directly by
functional considerations.
Registration requires that the design:
cannot be the same as, and should be clearly distinguishable from, other designs in the public
domain;
must not have been disclosed in advance of filing the application.
● Trade secrets
Unlike other forms of intellectual property, such as patents, copyrights, and trademarks, which
generally require registration in order to be fully effective, trade secrets are essentially a "do-it
yourself" form of protection. E.g., ; Coca-Cola 's recipe is one of the best kept secrets in the
world.
● Trademarks (A word, phrase, symbol, or design that identifies goods or services for
brand identity of goods and services)
A mark (generally a word or symbol) used to distinguish the goods or services of one particular
business from those of its competitors.
Any sign that can be represented graphically can be registered as a trademark, including slogans,
catchphrases and combinations of words, letters, and numbers.
● Copyright (refers to the right to reproduce one’s own original work for material (literary,
artistic, music films, sound, multimedia))
Form of protection available to the creator of original artistic or literary works
Last until 70 years after creator’s death
For corporate copyrights or anonymous works, last 95 years from date of publication or 120
years from date of creation, whichever is shorter
Can be registered with U.S. Copyright Office
To protect rights, can use:
• Digital watermarks: Subtle alteration of digital content that is not noticeable but that can
identify the copyright holder
• Digital rights management (DRM) software: Controls use of the copyrighted work
Can limit who can view, print or copy a document
Can control use of downloaded content (number of devices a file can be copied to,
expiration of VOD movie, etc.)
Know-How: relates to practice and knowledge acquired through experience.
Handling confidential information: confidential information relates to any business information
that companies do not wish to share with any third-party.(Sign a non-disclosure agreement
(NDA))
Identifying and Capturing Intellectual Property
Business assets:
Until 1990s
Physical: land, buildings, raw material, inventory
Financial: cash deposits, trade credit
After 1990s
Intangible: knowledge, know-how, creativity, inventiveness, relationships, process and systems
Choosing the Appropriate Protection for Your Intellectual Property
● Importance of Copyrighting
● Importance of Trademarks
● Importance of Industrial Designs
● Importance of Patents
● Building Intellectual Property Rights
● Geographical Coverage
Developing an IP Strategy
● Capturing Intellectual Property
● Invention Disclosure Forms
● Technology Trends
● Intellectual Property Policy
● intellectual property strategy (closed, open, mixed)
Enforcing IP Rights and Dealing with Infringement
Patents: obtain a broad scope and if well drafted will often be enough to deter potential
infringement.
Design restrictions and trademarks: seek legal advice on options for redress against others
with products that have very similar appearance to yours against those who have used, without
authorisation, your mark.
Ethics: Overall standards of moral conduct
Can vary with individual and religious beliefs, country, race, or culture
● Personal ethics: Guide an individual’s personal behavior
● Business ethics: Guide a business’s policies, decisions, and actions
● Computer ethics: Concern moral conduct related to computer use
Computer hoax: An inaccurate statement or story spread through the use of computers Often
sent via e-mail Often related to viruses, health issues, political issues, etc. Consider researching
before passing on to others
Digital manipulation: Digitally altering text, images, photographs, music, and other digital
content
Vaporware: Announced products that do not exist
