...Software Copyright and Patents Introduction The escalating speed of the advancement in the software industry has put many parties in a competitive race to come up with new softwares for commercial purposes. This digital arms race contributed to a rapid increase in software patents from a mere 45 average patents a week in year 1985 to an average 1200 patents a week in year 2012 (Patent Metrics, 2013). Intrigued by such large numbers of software patents, multiple studies have been carried out by scholars to investigate the impact of software patents to the software industry. The studies sparked an ongoing debate on whether software copyrights and patents are beneficial or detrimental for the software industry. This paper touches lightly on the methodology of software copyrights and patents under the current standards of the World Intellectual Property Organization (WIPO). It then explores the benefits of copyrights and patents in the software industry and lay out the drawbacks of software patenting. Finally, this paper provides a possible four-point solution to the problems concerning software patents. Methodology of Software Copyrights and Patents According to WIPO, copyright is defined as something that “provides exclusive legal rights to a creator to publish, print, perform or materialise an original work and authorize others to do the same” (2002). In the context of software copyright, a software is subject to copyright as soon as it is documented in a verifiable manner...
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...Utility patents for inventions are valid for 20 years. A) True B) False Points Earned: | 2.0/2.0 | | Correct Answer(s): | True | 3. A ________ is a patent that protects the functionality of a patent. A) utility patent B) method patent C) design patent D) process patent E) Shark Tank Patent Points Earned: | 0.0/2.0 | | Correct Answer(s): | A | 4. A competitor can lawfully discover a trade secret by performing reverse engineering A) True B) False Points Earned: | 0.0/2.0 | | Correct Answer(s): | True | 5. A patent in the public domain can be purchased by a non-patent holder A) True B) False Points Earned: | 2.0/2.0 | | Correct Answer(s): | False | 6. ) A ________ is a product formula, pattern, design, compilation of data, customer list, or other covert business information A) copyright B) trade secret C) trademark D) patent E) All of the above Points Earned: | 0.0/2.0 | | Correct Answer(s): | B | 7. What federal statute was enacted by the Congress to protect trade secrets? A) Sarbanes-Oxley Act B) Lanham Act C) Telecommunication Act D) Economic Espionage Act E) None of the above Points Earned: | 0.0/2.0 | | Correct Answer(s): | D | 8. According to the public use doctrine for patents, ________. A) the inventor has to test his invention in the public domain, to measure its validity, before being granted a patent B) an invention cannot be used in the public domain prior to it being granted a patent C) a patent...
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...Zack Fellows Professor Gilliard English 1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s innovation...
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...Rights Contents Patents Act, 1970 5 Objective of the Patents Act, 1970 5 Types of patents granted in India 5 Inventions which are not patentable under this Act 5 Case Law – Novartis AC vs Union of India 5 Process of Obtaining a Patent 6 Form of Patent Application 6 Provisional and Complete Specification 7 Amendment of application and specification 7 Publication and Examination of Applications 7 Grant of Patent 7 Opposition to Grant of Patents 8 Provisions for Secrecy of Certain Inventions 8 Surrender and Revocation of Patents 8 Revocation of patent in public interest 9 Revocation of patent relating to atomic energy 9 Register of Patents 9 Rectification of Register by Appellate board 9 Register to be open for Inspection 9 Assignment of patents 9 Registration of assignments, transmissions, etc 9 Power of Controller of Patents 9 Power of controller in respect of evidence 9 Working of patents 10 Compulsory Licenses 10 Revocation of patents by the controller for Non-Working 10 Termination of Compulsory License 10 Use of inventions for Purposes of Government 10 Acquisition of Patents by Government 10 Suits for infringement of patents 10 Penalties 10 Patent Agents 11 Qualifications for registration as patent agents 11 Rights of Patent agents 11 Case Law: Revocation of Jamun patent 11 Copyright Act, 1957 12 Objective of Copyright Act, 1957 12 Important Terms and Definitions used in the Copyright Act, 1957 12...
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...INTELLECTUAL PROPERTY ASSIGNMENT 1. DEFINE WHAT IS MEANT BY THE TERM COPYRIGHT. Copyright: The exclusive right of an author to publish, print, or sell a product of her intellect for a certain period of time. 2. UNDER CURRENT LAW, HOW IS A COPYRIGHT CREATED? Like patents and trademarks, copyrights can be registered – in the case of copyrights, with the U.S. Copyright Office, as opposed to the U.S. Patent and Trademark Office. 3. DEFINE WHAT IS MEANT BY THE TERM TRADEMARK. Trademark: A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. 4. UNDER CURRENT LAW, HOW IS A TRADEMARK CREATED? A trademark may be established either by: (1) registering the mark with one or more states or with the U.S. Patent and Trademark Office pursuant to the Lanham Act, or (2) prior use sufficient to warrant common law protection. 5. DEFINE WHAT IS MEANT BY THE TERM PATENT? Patent: A grant from the government giving an inventor the exclusive right or privilege to make, use, or sell his invention for a set period of time. 6. UNDER CURRENT LAW, HOW IS A PATENT CREATED? In order to obtain a patent, the inventor must convince the U.S. Patent and Trademark Office that the product, process, or design is genuine...
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...I. Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a...
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...Discuss in detail the copyright law in India vis-a vis the global scenario. Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc. Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Original means, that the work has not been copied from any other source. Copyright protection commences...
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...general; firstly, the usage of the idea which was developed by the person who own the IP can be by anyone, secondly, someone else could actually protect it, finally, there is no guarantee that the owner of the intellectual property will be rewarded. The first type of intellectual property is patents which have some advantages and disadvantages; the first advantage is the patent banns legally anyone other than the inventor from using the invention, the second advantage is that only the existence of the patent destroys the competitors, the third advantage is that the patent last twenty years which...
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...XACC/291 – Week 2 Assignment Thank you for using ACCNerd.com! Don’t hesitate to contact us if you have any questions or need additional help with this assignment. Complete Exercises E9-1, E9-7, & E9-12 and P9-7B E9-1 (A). The cost principle states that assets must be recorded at the cost at which they were acquired. Although plant assets can fluctuate in fair market value, their book value will remain consistent. Companies must compute the total deprecation of the asset and allocate it over the useful life of the asset. (B). 1)$5000-Land 2) $200- Equipment 3) $850-Equipment 4) $17,500-Land Improvements 5) $250-Equipment 6) $8000-Equipment 7) $900-Equipment 8) $75-Equipment E9-7 (A) 1. Cost - | Salvage Value = | Depreciation Cost | $30,000.00 | $2,000.00 | $28,000.00 | Depreciation Cost / | Useful Life= | Annual depreciation expense | $28,000.00 | 8 | $3,500.00 | 2011= $26,500 2012= $23,000 2. Depreciation cost | Total Units of activity | Depreciation cost per unit | $28,000.00 | 100000 | $0.28 | Depreciable cost per unit | Units of activity during the year | Annual depreciation expense | $0.28 | 15000 | $4,200.00 | 2011= 25,800 2012= 21,600 3. Book Value at Beginning of Year | Declining Balance rate | Annual Depreciation Expense | $30,000.00 | 25.00% | $7,500.00 | 2011=22,500 2012= 16,875 (B) 1. Book Value 1/1/2011 $30,000 Less: Salvage Value $2,000 Depreciable Cost $28,000 Remaining...
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...monopolies, mergers and anti-competitive practices Monopolies and competition in the UK: relevant legislation eg on competition, and Fair Trading; scale monopolies, complex monopolies, restrictive trade practices, Director General of Fair Trading Competition Commission: role of the Commission, appeals tribunal Dominant positions within the EU: treaty provisions, the abuse of a dominant position and enforcement Exemptions: treaty articles and definitions, individual and block exemptions 4 Know the key provisions relating to intellectual property rights Protection of inventions: registration of patents, designs, trademarks and copyright, role of the Patent Office (UK), European Union Patent Office Patents: patent legislation, patent rights, inventions, patents and employees Copyright: copyright legislation, ownership of copyright, duration of copyright, using copyright materials Trademarks and business names: defining trademarks, applying to register a trademark, registering business names...
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...Useful Life 8 years Revised Annual Depreciation $3,500 Dec. 31 Depreciation Expense $3500 Accumulated Depreciation $3500 (To Record annual depreciation on truck) 2. Brainiac Company December 31, 2011 Balance Sheet Property, plant, and equipment Equipment $30,000 Less: Accumulated Depreciation $3,500 Net property, plant and equipment $26,500 E9-12 Adjusting Entry: Dec. 31 Amortization Expense—Patent 12,000 Patents ($90,000 ÷ 5 X 8/12) 12,000 P9-7B (A) Jan. 2 Cash $45,000 Patent $45,000 (To record lawyer fees) July. 1 Cash $230,000 Research and development Expense $230,000 (To record R & D of new patent for Jan-July) Sept. 1 Cash $125,000 Research and development Expense $125,000 (To record advertising for development patent) Oct. 1 Cash $200,000 Copyright $200,000 (To record acquired Copyright) (B) Dec. 31 Amortization Expense-Patent $15,000...
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...Property Rights by taking 2 examples of any product/ formula etc. You can take Acts (Copyright Act, Design Act, Patent Act and Trademark Act) as an example. INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce. Intellectual property is divided into two categories: • Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source. • Copyright, which includes literary and artistic works such as novels, poems, plays, films and musical works etc. According to the TRIPS Agreement, the intellectual property has been classified into- • Patents, • Copyright, • Trade Marks, Trade Names • Industrial Designs, • Geographical Indications, • Layout Designs of Integrated Circuits, • Protection of Undisclosed Information/Trade Secrets. • Plant varieties 1. Patents Patents cover inventions. These can be utility patents, design patents, and plant patents. The process of filing for a patent can be time consuming, and somewhat costly. 2. Copyright Copyright protects intellectual property of a creative or artistic nature. Copyright often lasts 50 to 70 years after the creator's death. In some countries, your copyright must be registered to become effective. In the United States, copyright is established as soon as a work is created; in the case of software, or a digital...
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... c. There is some economic or competitive advantage to the owner. i. Misappropriation of Trade Secret: 1) Where the secrets were obtained by theft or other improper means. 2) Where they were used or disclosed by the D in violation of a confidential relationship. ▪ Trade secret does not prevent competitors from “reverse engineering” which is permitted. 2. PATENTS (Outline pgs 12- 31) a. 5 Requirements: 1) patentable subject matter (g.15) 2) utility (pg.16) 3) Description & Enablement (pg.17) 4) novelty & Statutory bar (pg.19) 5) non-obviousness (pg.24) b. An inventor must submit an application to PTO. c. If the PTO grants the patent, the inventor obtains an exclusive right to make, use, and sell the innovation for a term of up to 20 years. 3. COPYRIGHTS (Outline pgs 32-56) a. Covers literary and artistic expression: a. Books, poetry, song, dance, dramatic...
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...designs, artistic and literary works, as well as symbols, images, names used in commerce. The law protects IP with patents, copyright, and trademarks, all of which are legal means that are there to assist the creator in protecting unique ideas, inventions, and other non-tangible property and as well as giving the opportunity to receive recognition or financial benefit for what they invent or create (World Intellectual Property Organization, 2014). Intellectual property affords competitive advantages to a company. “Defining IP as an asset aims to provide it the same protective rights as physical property. Obtaining such protective rights is critical as it prevents replication by potential competitors - a serious threat in a web-based environment or the mobile technology sector” (Cohen, 2011). One such case, where patents were violated was a lawsuit brought on by Apple against Samsung. In 2012, a U.S. jury found Samsung guilty on six out of seven accounts of violating patents Apple had filed. Four of the claims were regarding design patents, “related to the appearance of the iPhone (the use of white and black on the devices and the rounded edges on the user-interface icons, which Samsung was found to have violated, and the tablet computer’s rectangular design, which Samsung did not violate)” (Cusumano, 2013). Apple also filed three claims concerning utility patents, which involved both software and hardware that control how the device enlarges documents when “the user taps the...
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