Intellectual Property Rights (IPR)

Sehrish bibi
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Introduction

▶ IPR are often the most valuable assets owned, used and
developed
by Software House.
▶ OR
▶ In terms of Software Intellectual Property rights:
▶ Software intellectual property, also known as software IP, is a
computer code or program that is protected by law against
copying, theft, or other use that is not permitted by the owner.
Software IP belongs to the company that either created or
purchased the rights to that code or software. Any unauthorized
use of it by someone else is illegal.
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Introduction

▶ It includes:
I. Confidential information
II. Patents
III. Trade marks
IV. Design
V. Copy right protecting computer
programs
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Intellectual Property rights

▶ Intellectual Property (IP) refers to creations of the mind—

innovations, artistic works, symbols, names, and designs—that
are legally protected.

▶ IP rights give creators exclusive rights to use and profit from their
creations, fostering innovation and creativity.

▶ These rights are typically granted for a limited period and can be
transferred or licensed to others.
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Intellectual Property rights

▶ Copyright
▶ Protects original works of authorship like literature, music, art, and
software.

▶ Example: A novel by J.K. Rowling (e.g., Harry Potter series) is

protected by copyright law, preventing others from reproducing it
without permission.
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Intellectual Property rights

▶ Patent
▶ Protects new inventions or processes, granting exclusive rights to
the inventor for a specific period (usually 20 years).

▶ Example: Apple's patent for the iPhone's touchscreen

technology, which prevents other companies from using similar
technology without authorization.
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Intellectual Property rights

▶ Trademark
▶ Protects distinctive symbols, logos, names, or brands that
distinguish goods or services.

▶ Example: The Nike "swoosh" logo is a trademark, preventing

others from using a similar design for athletic goods.
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Intellectual Property rights

▶ Trade Secret
▶ Protects confidential business information that gives a competitive
edge, such as formulas, processes, or methods.

▶ Example:
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Intellectual Property rights
 ▶ intellectual property is a type of intangible property created by the mind,
such as inventions, works of art and literature, designs, names, or images.
Software also fits into this category.

▶ Unauthorized use of IP can be stopped by injunction and damages

 may be sought for infringement of these rights

▶ The law is constantly changing with technological advance

 ▶ General Agreement on Tariffs and Trade (GATT) concerned the protection
of intellectual property rights in the face of widespread piracy of software
products.
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Confidential information 0

▶ Information “ which is not public property and public knowledge”

▶ Any category of information, from personnel confidences, to trade
secrets and sensitive government information, any or all of which a
computer scientist might handle in the course of his or her work
▶ OR
▶ All or any of which firm may want to protect against unauthorized
use or disclosure by others
▶ Information will be protected only if it is confidential. Non-
confidential information unless protected, e.g by copyright or
patent is deemed to be in the public domain can be caused by
the anyone.
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Confidential information 1

▶ Three condition must be satisfied before an action for breach

of
I.
confidence can succeed
The information must be confidential
II. The information must have disclosed in circumstances which
gives
III.
rise to an obligation of confidence
There must not be an actual unauthorized use or disclosure of
the information
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Patent 2

▶ What is a Patent?
A government-granted right that gives an inventor a
monopoly over an invention for a limited time (usually
20 years in the U.S.).
Purpose:
It protects inventors so others can't make, use, or sell
their invention without permission.
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Patent 3
 ▶ This grant provides the inventor exclusive rights to the patented process,
design, or invention for a designated period in exchange for a comprehensive
disclosure of the invention.
▶ Government agencies typically handle and approve applications
 for patents
 ▶ Most patents are valid for 20 years in the U.S. from the date the
application was filed with the Patent and Trademark Office (USPTO), although
there are circumstances where exceptions are made to extend a patent's
term.
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Patent 4

▶ According to the U.S. Patent and Trademark Office, a patent can

be granted to any person who:

▶ Invents or discovers any new and useful process, machine, manufacture, or composition of
matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and
requirements of the law”
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Patent 5

▶ Types of Patents
▶ Utility Patents
▶ Utility patents, or patents for invention, issue legal protection
to people who invent a new and useful process, an article of
manufacture, a machine, or a composition of matter.

▶ A utility patent lasts for 20 years from the date of filing as

long as
maintenance fees are paid.
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Patent 6

▶ Design Patents
▶ Design patents are patents issued for original, new, and
ornamental designs for manufactured products. Design patents
protect the design or look of something.
▶ They require the invention to which the design belongs to be
original
and useful.
▶ Design patents last for 15 years for applications filed.
▶ Maintenance fees do not apply to design patents
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Patent 7
▶ Plant Patents
 ▶ Plant patents go to anyone who produces, discovers, and invents a
new kind of plant capable of reproduction. These patents are
granted for 20 years from the date of filing and no maintenance
fees apply.

 ▶ Patents provide an incentive for companies or individuals to

continue developing innovative products or services without the
fear of infringement.
 ▶ In other words, patents protect the intellectual property of
companies to help their profitability.
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Trademark 8

▶ A trademark is a symbol, word, phrase, logo, or design that

identifies
and distinguishes a company’s goods or services.

▶ Protects a brand's identity.

▶ Prevents others from using similar marks that could
confuse customers.
▶ Can be words, logos, sounds, or colors.

▶ Microsoft®, Instagram®, and Apple® are all

trademarked names/logos.
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Trademark 9

▶ Software Name Example

▶ Microsoft®: "Microsoft" is a registered trademark.
▶ Other software companies cannot use the
name "Microsoft" to confuse customers.
▶ Apple’s® logo and Windows® logo are trademarks
that represent their products
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Trademark 0

▶ Brand Protection: Prevents other companies from using similar

names
or logos.
▶ Consumer Trust: Customers associate the trademarked
logo/name with quality and reliability
▶ Legal Protection: A registered trademark gives exclusive rights
to use
the brand name/logo in specific markets.
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Trademark 1

▶ Words: For example, brand names like Nike or Coca-Cola.

▶ Phrases: Catchy slogans like "Just Do It" (Nike).
▶ Designs: Logos like the Apple logo or the McDonald's
Golden Arches.
▶ Combinations: Any mix of the above that helps identify a
product.
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Copyright 2

▶ A copyright protects original works of

authorship like:

▶ Writings (books, articles)

▶ Art (paintings, drawings)
▶ Architecture (buildings, designs)
▶ Music (songs, compositions).
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Copyright 3

▶ Exclusive Rights: The copyright owner has the exclusive right to:

▶ Display, share, or perform the work.

▶ License (allow others to use) the work.

▶ Duration: As long as the copyright is active, the owner has

control over the work.
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Copyright 4

▶ Automatic Protection: You don’t need to file for a copyright for your
work to be protected. As soon as you turn your ideas into a tangible
form (like writing it down, recording music, or publishing research),
it’s automatically protected.

▶ Why Register?:

▶ Easy Proof of Ownership: Registering your work with the U.S.

Copyright Office makes it easier to prove you're the original creator if
someone tries to steal or copy your work.
▶ Legal Advantage: You have up to five years after publishing
to register, and doing so gives you a stronger position if you need to
take legal action.
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Differences 5

▶ A patent protects new inventions, processes, or scientific

creations
▶ A trademark protects brands, logos, and slogans
▶ A copyright protects original works of authorship.