...categories of Intellectual Propriety (IP): 1. Industrial Propriety: trademarks, inventions (patents), and designs, etc. 2. Copyrights: musical works, novels and books, photographs, movies, etc. Intellectual propriety rights (IPR) grant the holders to exercise a monopoly on the use of product/creation/idea for a limited period of time. For most of companies, IPR is the only way to protect their products and compete in the worldwide market. Same as the companies, IPR encourage inventors to develop new technologies and ideas. • IPR infringement has reached a critical level in many countries. The sectors mostly hit by this phenomenon are software houses, luxury companies, music/movie industries, and pharmaceutical products. Illegal downloading of software, music, movies, and imitations & counterfeit products became one of the biggest problems for all these sectors which lead to large loses in terms of income. • The countries most affected by IPR infringements are China, North Korea, Russia, Brazil, and India. According to the Business Software Alliance, in China, 79% of the software and 85-90% of music records have been pirated. Issues: • There are two major problems related to IPR infringements for the companies: the loss in income and the loss of reputation/image. • The piracy market is flourishing despite all the laws which protect copyrights, trademarks, and so forth. • The Chinese government seems not so interested to protect IP until some of its domestic firms...
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...citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search of information, ideas or simple contact with like-minded people. Unparalleled opportunities also exist through social network sites, blogs, wikis and other interactive facilities for individuals to make information public about themselves, exchange opinions and share knowledge on every question under the sun.1 Infringement of copyright on the Internet has become a common phenomenon....
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...Introduction Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; and 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns—or more precisely, has the copyright to—the songs on the CD. Piracy is primarily a problem for the entertainment and software industries, and therefore piracy most often involves violations of copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a copyright gives its owner the exclusive right to make copies of the material in question. The American Heritage Dictionary defines piracy as "the unauthorized duplication of copyrighted or patented material." It is a problem that affects companies all over the world. Piracy of software, movies, and music is commonplace in China. China has the second...
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...Abstract The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This paper aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s...
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...Copyright and Book Piracy in Pakistan Khalid Mahmood Department of Library & Information Science, University of the Punjab, Lahore Muhammad Ilyas Department of Library & Information Science, University of Balochistan, Quetta Copyright Defined Copyright is a legal term describing rights given to creators for their literary and artistic works. Kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Legal Definition of Copyright According to The Copyright Ordinance, 1962 The exclusive right to reproduce the work in any material form to publish the work to perform the work in public to produce, reproduce, perform or publish any translation of the work to broadcast the work to make any adaptation of the work Book Piracy Deliberate infringement of copyright on intellectual property and an absolute disregard for ownership or authorship of literary works OR Using another person’s opinion, ideas or works as if they were one’s own and without making any attempt at acknowledging their true source The Berne Convention Adopted by an international conference held in 1886 at Berne, Switzerland 8th amendment in 1979 Salient features: National treatment ...
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...EXECUTIVE SUMMARY China's government has pledged to crack down copyright piracy by implementation of anti-piracy and anti-counterfeiting laws and regulations; it faces increasing pressure to show progress. The periodic crackdowns against counterfeiting have been launched but they often seem motivated more by politically appeasing the United States and other countries than a sincere effort to combat the problem. The United States and other countries want China to impose harsher penalties on crimes linked with counterfeit goods. Chinese law protects trademarks and prohibits companies from copying the “look and feel” of other companies' stores. The Chinese government enforced laws against copyrights piracy in 2006; there were criminal penalties on producing or selling counterfeit goods if the total value of the confiscated products was less than a certain amount. The penalty for importing pirated discs is up to four years in prison and a fine of $1,290 for each imported disc. The Chinese government warns violators in large markets in Shanghai and Beijing of these penalties. However, some doubt that much will change until China graduates from manufacturing goods to designing them. New opinions on handling criminal copyright infringement cases contain helpful provisions which could foster an effective criminal remedy against online piracy activities. The International Intellectual Property Alliance (IIPA) commends the efforts of the U.S. Government to secure these important...
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...What are counterfeiting and piracy? Counterfeiting and piracy are terms used to describe a range of illicit activities linked to intellectual property rights (IPR) infringement. Those are longstanding problems which are growing in scope and magnitude. Quantitative analysis carried out by the OECD indicates that the volume of tangible counterfeit and pirated products in international trade could be up to USD 200 billion. With a figure like this, sales of counterfeit goods world-wide exceed the GDP of approximately 150 States on the planet. This figure does not, however, include counterfeit and pirated products that are produced and consumed domestically, nor does it include the significant volume of pirated digital products that are being distributed via the Internet. If these items were added, the total magnitude of counterfeiting and piracy worldwide could well be several hundred billion dollars more. In spite of all the efforts made up to now, counterfeiting and piracy are a plague that affects practically every economy on the planet and, what is more, they are expanding rapidly via various distribution channels that obviously include the Internet. In 2006, all the records were smashed with more than 250 million counterfeit articles intercepted at European borders, compared with 75 million the previous year. The number of seizures also exploded, increasing from 26,000 to 37,000 from one financial year to the next. Some see the rise in counterfeiting of goods as...
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...Case Study: Crime That Pays (and Pretty Well, Too) I stride toward ground zero of counterfeiting-the notorious Silk Market of Beijing. As do more than 10 million people a year, I enter a 35,000 square-meter, seven-level piracy temple, packed with nearly 2,000 small stalls, staffed by thousands of hard-charging, take no prisoner vendors, offering cheap knockoffs of the leading branded products in the world. Navigating a surreal bazaar gone wild, I stroll by stalls boldly displaying bogus Prada purses, Hugo Boss shirts, ad Hermes scarves; depending on how well you negotiate, each can be had for an absurd fraction of the price of the genuine version. Moving on, stall after stall offers infamous “copywatches,” Nike gear, Sony Jump Drives, Wii Remotes, Gillette razors, Oakley sunglasses, Zeiss binoculars, Nikon lenses, North Face jackets – one after another, in a seemingly endless procession of premier brand names. Despite spot-on comestic resemblance, virtually all is counterfeit. Moving around, one comes to digital zones, finding copies of software, music, games, and movies. Rack upon rack displays products from some of the best and the brightest minds of the world, now selling for ludicrously low prices-Microsoft Windows 7 for about a buck, Microsoft Office for $0.75, Wii Guitar Hero for a buck, Photoshop for two bucks, AutoCad for five dollars. Each stall is packed with an ever-changing collage of customers-Germans, Indians, Canadians, Brazilians, British, and Americans, and so...
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...SHADOW MARKET 2011 bsa global software piracy study NiNth editioN, May 2012ExEcutivE Summary ..............................................................................................................................1 Global trEndS .......................................................................................................................................2 Habits of Self-reported Pirates ...........................................................................................................2 Emerging Economies Exert Greater influence ....................................................................................4 Key market Highlights .........................................................................................................................4 Pcs continue to overshadow tablets and cloud computing, for now ............................................ 6 Strong Support for iP rights................................................................................................................7 Pc Software Piracy rates and commercial value of unlicensed Software.........................................8 mEtHodoloGy......................................................................................................................................10 “a rigorous and Well-designed Effort”............................................................................................10 bSa bluEPrint for rEducinG SoftWarE Piracy .................
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...technically stealing, they are only stealing time and ideas. There is no physical item missing from the creator of the software. Software piracy is the unauthorized copying of computer software. Many countries around the world have copyright laws which apply to software piracy but the extent of enforcement differs. These copyrights usually surpass the practical life of the product (US Government). Today the oldest programs for computers have copyrights will not expire till the year 2030. These programs are forty years old, that’s a sixty year old copyright for a program that is about as useful as an ejector seat on a helicopter. The changes in operating systems, network environments, and user expectations generally make software programs out of date faster than the copyright runs out (Wikipedia). A law that has been proposed is the U.S. Uniform Computer Information Transaction Act (UCITA); this law is very controversial in that it grants extensive rights to companies. Under this proposed law the companies would be able to shut down unauthorized software copiers without court involvement. This law is similar to Title II of the US Digital Millennium Copyright Act and the Online Copyright Infringement Liability Limitation Act in that it allows the copyright holder to demand the internet service provider (ISP)...
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...The 21st century is marked by the advent of the Internet. It is followed by the freely-distributed information, which has fuelled public worries about offensive contents, terrorists, copyright infringement. Hence, an issue people are openly debating is whether we should censor the Internet. In my opinion, I am sided with those who oppose this regulation. One of the main benefits associated with the unrestricted environment on the Internet is that netizens can voice their points of view without restraints. The surfers can get the whole picture of a problem and determine their own opinion. Moreover, the driving force behind some websites being blocked is that Internet also serves as a governmental tool. Any contents which go against the political wills and aims will be blocked from the Net. Another main justification for an unregulated cyberspace is that a vast source of knowledge and entertainment can be accessed easily. With a click of a mouse, we can download a song, a movie or a book to the computer. Possibly no century witnesses more drastic changes in the recreation habits than the 21st century has done. Even so, this issue is fraught with controversy, with concern being expressed over the copyright violation. This worry is unnecessary, considering the fact that such download sites also contribute to promoting the art works and distribute them to much more customers. In addition, the artists still get their income through the revenues from selling music via iTunes, Amazon...
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...book that can be read by using a personal computer or by using an eBook reader. EBooks are a more convenient and more practical way to access information. The most efficient way to get eBooks is through the internet – it may be for free or it may come with a price. The use of eBooks is becoming a trend nowadays because most of the books published can also be downloaded as eBooks. Most of the people at this point in time can be seen holding an eBook reader. And because of the rampant of the use of it, electronic piracy in relation to eBooks is also rising. Any person who has acquired or purchased an eBook may copy it into another device, share it to another user and may even post or share it in the internet; said practice may lead to infringement because it may not constitute fair use anymore. Article 185 of the Intellectual Property Code of the Philippines states that “ xxx In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include: (a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes; (b) The nature of the copyrighted work; (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) The effect of the use upon the potential market for or value of the copyrighted work.” In this provision, the most important factor is the one...
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...INTRODUCTION SOPA or the Stop Online Piracy Act was a proposed that intended to go after copyright violators by restricting access to the problem website that facilitates or host the material. Though SOPA intended target was overseas violators the language itself was vague and opened a door to hold U.S. companies accountable for many reasons. Supporters of SOPA included the owners of the copyrighted material being distributed such as many Hollywood studios. From their point of view they require protection against pirates because if their copyrighted material is pirated is cost them money. On the other hand however major computer and internet companies such as Google and Youtube.com among many felt SOPA made them by law accountable for copyright violations of others, using their website. For example the vague language of the bill states “a site could be deemed a SOPA scofflaw if it facilitates copyright infringements.” (claoit.umn.edu.), making anybody accountable. This paper will analyze from a few perspectives what where the potential implications of SOPA and will attempt to analyze ethically what this failed law means to both sides of the table. Additionally it will explore a bit the relevant legal principles and rule of law by analyzing what SOPA means legally to all. Lastly all the involved companies protecting their investment and their interests by taking a stand on both side of the issue but what about society? The Social responsibility goes above the legal and moral...
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...known as the Stop Online Piracy Act (SOPA). Introduced on October 26, 2011 by Representative Lamar Smith (R-TX) and a bipartisan group of 12 co-sponsors, the bill expands the ability of U.S. law enforcement and copyright holders to fight online trafficking in copyrighted intellectual property and counterfeit goods created by U.S. firms. It aims to address the very prevalent problems of digital piracy, use of the internet to disseminate illegal and potentially dangerous items such as counterfeit prescription drugs, and the “rogue websites” that traffic in these illegal and infringing activities. Under the legislation, rights-holders will be able to request that a credit-card firm or advertising network stop doing business with a foreign site, ask a search engine to take down links to the site, or ask an internet-service provider to block the site’s domain name, making it harder to reach. Pros and Cons SOPA has several positive characteristics that make it a valuable bill. For example, current copyright enforcement laws have minimal effect on the large number of foreign websites that sell counterfeit products. As such, rights holders have become frustrated with the perceived lack of “teeth” of the current copyright enforcement laws. Under the new law, copyright owners would have the right to shut down any websites who replicate their music, videos, and other materials unauthorized. This would help induce those wishing to obtain the copyrighted material to obtain a legitimate...
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