Intellectual Property An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. Intellectual.

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Presentation transcript:

Intellectual Property An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. Intellectual property may or may not be associated with a patent or copyright or other form of protection.

Intellectual Property  And thus to warrant protection under the law.  Intellectual property includes but is not limited to ideas; inventions; literary works; chemical, business, or computer processes; and company or product names and logos. Intellectual property protections fall into four categories: copyright (for literary works, art, and music), trademarks (for company and product names and logos), patents (for inventions and processes), and trade secrets (for recipes, code, and processes).  Concern over defining and protecting intellectual property in cyberspace has brought this area of the law under intense scrutiny. n. Content of the human intellect deemed to be unique and original and to have marketplace value -

Categories of Intellectual Property Patent (Federal Law) Copyright (Federal Law) U.S. Constitution: The Congress shall have power “to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (Art.1, sec.8 cl.8) Trade Secret (Moslty State Law) Trademark (Mostly Federal) Promote “fair play” in business. David G. Kay – SIGCSE 2003

Patent Requirement Statutory Subject Matter Any new and useful process, machine [article of] manufacture, or composition of matter Not phenomena of nature, scientific principles, abstract ideas, (pure) mathematical formulas Software? Novelty – does not exist in the “prior art” Non-obviousness At the time the invention was made To a person “having ordinary skill in the art” David G. Kay – SIGCSE 2003

Copyright Requirements Automatic once work is tangible Copyright notice helpful, not required Copyright © 2001 by Peter Programmer. All rights reserved Registration optional (but easy, cheap and useful) Author exclusively may Reproduce Distribute Create derivative works Perform or display publicly Infringement is unauthorized use with Substantial similarity Access to copyrighted work David G. Kay – SIGCSE 2003

Copyright Does Not Protect … Independent Creation Underlying ideas Portions in the public domain Aspects dictated by external constraints (e.g. Standards, compatibility, efficiency, common practice) “Fair Use” David G. Kay – SIGCSE 2003

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