(8) Cyber Ownership & IPRs
IPRs & Cyber Ownership
Masitoh Indriani, SH., LL.M
Department of International Law
Faculty of Law Universitas Airlangga
[email protected]
On the Internet, it is very easy to create
several copies and transmitting the same
in different locations of world in few
minutes. For these reasons, the Internet
has been described as
“the world’s biggest copy machine”
(c)MI, Nov 2015
Contents
IPRs and Cyber Ownership
IPRs Issue Area
Cyber Law Issue Area
The Opportunities and Challenges
Discussion
(c)MI, Nov 2015
Intellectual Property Issues Area
Trademark Law
Trade Secrets
Patent Law
Copyrights
Technology Transfer
(c)MI, Nov 2015
Intellectual Property Issues Area
Copyrights
ü The protection of
rights in some
aesthetic or artistic
works
ü It requires originality
(c)MI, Nov 2015
The infringement of Copyrights:
a) To copy the work or any
substantial part of it;
b) To issue copies of the work to
the public;
c) To perform, show, or play the
work in public;
d) To broadcast the work or
include it in a cable
programme service;
e) To make an adaption of the
work or do any of the above in
relation to an adaption.
(c)MI, Nov 2015
Copyrights and Peer to Peer File
Sharing à Risks
1. the release of personal and
confidential information
2. Identity theft
3. Violates consumer confidence à
consumer protection
4. Threatening national security???
5. Bundled spyware and
viruses downloaded from the network
6. Threatening creative industries (music
and film industry)
(c)MI, Nov 2015
(c)MI, Nov 2015
(c)MI, Nov 2015
Legal Problems of P2P File
Sharing à
1) Copyrights Law Infringements
à Fair Use and Compensation
e.g: AU, BE, CA, Finland, DE,
LUX, NL, POR, RUS, Sweden,
Swiss, US (blank media tax or
levy)
2) Privacy Law
3) Databases Law
(c)MI, Nov 2015
Patents Law
ü A patent may be
awarded in respect of
an invention
ü The invention may
relate to either to a
new product or to a
novel process
ü The subject matter
should be capable of
‘industrial application’
(c)MI, Nov 2015
Requirements for
patentability:
a) The invention is new;
b) It involves an
inventive step;
c) It is capable of
industrial exploitation
d) The grant of a patent
for it is not excluded*
*UK Patent Act
(c)MI, Nov 2015
Matters excluded from patent
protection:
a) A discovery, scientific theory or
mathematical method;
b) A literary, dramatic, musical or
artistic works or any other
aesthetic creation whatsoever;
c) A scheme, rule or method for
performing a mental act,
playing a game or doing
business, or a program for a
computer;
d) The presentation of
information.
(c)MI, Nov 2015
Patented Software à 10th Meeting
ü “Software” is Inherently a Copyright
Concept
ü Software (source code) is
copyrightable subject matter.
ü Therefore, any discussion of
software ownership requires a
discussion of certain basic copyright
law principles.•
ü Yes, patent rights can be implicated
as well.
(c)MI, Nov 2015
Software and Intellectual Property
Ownership
v In considering software ownership
and the provision of rights to others
to use the software, we need to
consider
· Intellectual Property (“IP”) rights for
asserting rights of ownership, in
conjunction with the concept of :
v “Licensing”, the legal mechanism for
providing usage rights to others.
Just what are these rights and how
are they acquired and how will they
be maintained?
v What are the sort of things you need
to look at in order to ascertain rights
of ownership under the applicable
categories of IP law, being
ü Copyright (expression of the
software in some tangible
form)
ü know-how (sometimes called
“trade secret” and that needs
to be maintained in absolute
confidence and not publicly
disclosed) or even
ü patent (yes there are
instances where software can
be patented but that’s for
another time)
ü trade-mark (there may be a
need to maintain the
uniqueness of a brand or a
logo)
(c)MI, Nov 2015
Trade Marks
ü The subject matter is
to protect a holder’s
economic interest in
some form of trading
name or sign
ü Also can be classed
under the heading or
design
ü Protect items which
serve some functional
purpose
(c)MI, Nov 2015
Domain Names (DN)
Trade Marks
As an address or a name in the
internet networks
As a distinguishing feature in the
industry a d trade
Non Property, part of Information
Society
Property à Intellectual Creation
First Comes, First Served
First to Filed, First to Used
There is no Substantial Examination
Substantial Examination
As long as can not be proven as a
bad faith, the acquisition of DN is not
an act that violates law
No LICENCE à violates law
(c)MI, Nov 2015
Trade Secrets
ü any confidential business information
which provides an enterprise a
competitive edge may be considered a
trade secret.
ü The subject matter of trade secrets is
usually defined in broad terms and
includes sales methods, distribution
methods, consumer profiles,
advertising strategies, lists of suppliers
and clients, and manufacturing
processes.
ü Including know-how à that needs to
be maintained in absolute confidence
and not publicly disclosed)
(c)MI, Nov 2015
Know-how…
ü any form of technical information
or assistance relating to the
manufacture or placing into
operation of the said products.
ü It also means any practical
knowledge, techniques, and skill
that are required to achieve some
practical end.
ü It is considered a intangible
property in which rights may be
bought and sold.
(c)MI, Nov 2015
Technology Transfer Problems:
There are many problem with
transfer of technology in
developing countries:
1. Lack of pool of scientists and
researchers in specific domains
2. Brain drain
3. Small market size
4. Bureaucratic climate
5. Inability to make public
investments in appropriate
research and infrastructure
(c)MI, Nov 2015
Cyber Law Issue Area
National Security
Cyber Rights
Criminal Law
Online Privacy
(c)MI, Nov 2015
Criminal Law à 13th Meeting
ü Cyber Crimes
ü Cyber Bullying
ü Cyber Terrorism
ü Hate Speech
ü Online Fraud
ü Online Defamation
ü IPR’s on the Internetà
Digital Content Violation
(c)MI, Nov 2015
Online Privacy
The main causes: the
development of IT
1.
2.
3.
4.
Cloud Computing
Search Engines
Social Networks
Smartphone and
mobile Internet
(c)MI, Nov 2015
The legal threats: à State
Surveillance
1. Real time interception
2. Real time
communication
scanning
3. Data Gathering
4. Internet Censorship
5. Anonymity Limitation
(c)MI, Nov 2015
Cyber Rights à 12th meeting
ü Freedom of Expression
ü Freedom of Speech
ü Freedom to Speak
(c)MI, Nov 2015
National Security
à13th Meeting
ü Cyber Security
ü Cyber Army
ü Cyber Defense
(c)MI, Nov 2015
Masitoh Indriani, SH., LL.M
Department of International Law
Faculty of Law Universitas Airlangga
[email protected]
On the Internet, it is very easy to create
several copies and transmitting the same
in different locations of world in few
minutes. For these reasons, the Internet
has been described as
“the world’s biggest copy machine”
(c)MI, Nov 2015
Contents
IPRs and Cyber Ownership
IPRs Issue Area
Cyber Law Issue Area
The Opportunities and Challenges
Discussion
(c)MI, Nov 2015
Intellectual Property Issues Area
Trademark Law
Trade Secrets
Patent Law
Copyrights
Technology Transfer
(c)MI, Nov 2015
Intellectual Property Issues Area
Copyrights
ü The protection of
rights in some
aesthetic or artistic
works
ü It requires originality
(c)MI, Nov 2015
The infringement of Copyrights:
a) To copy the work or any
substantial part of it;
b) To issue copies of the work to
the public;
c) To perform, show, or play the
work in public;
d) To broadcast the work or
include it in a cable
programme service;
e) To make an adaption of the
work or do any of the above in
relation to an adaption.
(c)MI, Nov 2015
Copyrights and Peer to Peer File
Sharing à Risks
1. the release of personal and
confidential information
2. Identity theft
3. Violates consumer confidence à
consumer protection
4. Threatening national security???
5. Bundled spyware and
viruses downloaded from the network
6. Threatening creative industries (music
and film industry)
(c)MI, Nov 2015
(c)MI, Nov 2015
(c)MI, Nov 2015
Legal Problems of P2P File
Sharing à
1) Copyrights Law Infringements
à Fair Use and Compensation
e.g: AU, BE, CA, Finland, DE,
LUX, NL, POR, RUS, Sweden,
Swiss, US (blank media tax or
levy)
2) Privacy Law
3) Databases Law
(c)MI, Nov 2015
Patents Law
ü A patent may be
awarded in respect of
an invention
ü The invention may
relate to either to a
new product or to a
novel process
ü The subject matter
should be capable of
‘industrial application’
(c)MI, Nov 2015
Requirements for
patentability:
a) The invention is new;
b) It involves an
inventive step;
c) It is capable of
industrial exploitation
d) The grant of a patent
for it is not excluded*
*UK Patent Act
(c)MI, Nov 2015
Matters excluded from patent
protection:
a) A discovery, scientific theory or
mathematical method;
b) A literary, dramatic, musical or
artistic works or any other
aesthetic creation whatsoever;
c) A scheme, rule or method for
performing a mental act,
playing a game or doing
business, or a program for a
computer;
d) The presentation of
information.
(c)MI, Nov 2015
Patented Software à 10th Meeting
ü “Software” is Inherently a Copyright
Concept
ü Software (source code) is
copyrightable subject matter.
ü Therefore, any discussion of
software ownership requires a
discussion of certain basic copyright
law principles.•
ü Yes, patent rights can be implicated
as well.
(c)MI, Nov 2015
Software and Intellectual Property
Ownership
v In considering software ownership
and the provision of rights to others
to use the software, we need to
consider
· Intellectual Property (“IP”) rights for
asserting rights of ownership, in
conjunction with the concept of :
v “Licensing”, the legal mechanism for
providing usage rights to others.
Just what are these rights and how
are they acquired and how will they
be maintained?
v What are the sort of things you need
to look at in order to ascertain rights
of ownership under the applicable
categories of IP law, being
ü Copyright (expression of the
software in some tangible
form)
ü know-how (sometimes called
“trade secret” and that needs
to be maintained in absolute
confidence and not publicly
disclosed) or even
ü patent (yes there are
instances where software can
be patented but that’s for
another time)
ü trade-mark (there may be a
need to maintain the
uniqueness of a brand or a
logo)
(c)MI, Nov 2015
Trade Marks
ü The subject matter is
to protect a holder’s
economic interest in
some form of trading
name or sign
ü Also can be classed
under the heading or
design
ü Protect items which
serve some functional
purpose
(c)MI, Nov 2015
Domain Names (DN)
Trade Marks
As an address or a name in the
internet networks
As a distinguishing feature in the
industry a d trade
Non Property, part of Information
Society
Property à Intellectual Creation
First Comes, First Served
First to Filed, First to Used
There is no Substantial Examination
Substantial Examination
As long as can not be proven as a
bad faith, the acquisition of DN is not
an act that violates law
No LICENCE à violates law
(c)MI, Nov 2015
Trade Secrets
ü any confidential business information
which provides an enterprise a
competitive edge may be considered a
trade secret.
ü The subject matter of trade secrets is
usually defined in broad terms and
includes sales methods, distribution
methods, consumer profiles,
advertising strategies, lists of suppliers
and clients, and manufacturing
processes.
ü Including know-how à that needs to
be maintained in absolute confidence
and not publicly disclosed)
(c)MI, Nov 2015
Know-how…
ü any form of technical information
or assistance relating to the
manufacture or placing into
operation of the said products.
ü It also means any practical
knowledge, techniques, and skill
that are required to achieve some
practical end.
ü It is considered a intangible
property in which rights may be
bought and sold.
(c)MI, Nov 2015
Technology Transfer Problems:
There are many problem with
transfer of technology in
developing countries:
1. Lack of pool of scientists and
researchers in specific domains
2. Brain drain
3. Small market size
4. Bureaucratic climate
5. Inability to make public
investments in appropriate
research and infrastructure
(c)MI, Nov 2015
Cyber Law Issue Area
National Security
Cyber Rights
Criminal Law
Online Privacy
(c)MI, Nov 2015
Criminal Law à 13th Meeting
ü Cyber Crimes
ü Cyber Bullying
ü Cyber Terrorism
ü Hate Speech
ü Online Fraud
ü Online Defamation
ü IPR’s on the Internetà
Digital Content Violation
(c)MI, Nov 2015
Online Privacy
The main causes: the
development of IT
1.
2.
3.
4.
Cloud Computing
Search Engines
Social Networks
Smartphone and
mobile Internet
(c)MI, Nov 2015
The legal threats: à State
Surveillance
1. Real time interception
2. Real time
communication
scanning
3. Data Gathering
4. Internet Censorship
5. Anonymity Limitation
(c)MI, Nov 2015
Cyber Rights à 12th meeting
ü Freedom of Expression
ü Freedom of Speech
ü Freedom to Speak
(c)MI, Nov 2015
National Security
à13th Meeting
ü Cyber Security
ü Cyber Army
ü Cyber Defense
(c)MI, Nov 2015