1. Intro to Intellectual Property 3.0
CJ 520/ CJ Computer Crime
Intro to Intellectual Property
3.0

2. What is Intellectual Property(IP)?
“Legal rights which result from intellectual activity in the industrial, scientific, literary, or artistic fields”
--WIPO

3. Categories of IP Copyright Industrial Property Patent
Trademark / Service Mark
Trade Secrets

4. Purpose of IP Rights Incentive Temporary monopoly Encourage sharing
Economic

5. Copyright
“Designed to foster production of creative works and the free flow of ideas by providing legal protection for creative expression.”
--DOJ

6. Tangible medium of expression
Computer software
Literary works
Musical works
Sound recordings
Dramatic works
Motion Pictures
Pictorial works
Sculptural works
Architectural works

7. Exclusive Rights Reproduction Public distribution Public performance
Public display
Preparation of derivative works

8. Fair Use Copies Criticism Comment News reporting Teaching Scholarship
Research

9. Copyright Legal Protection
Exists as soon work is expressed in a tangible form
Protects the physical expression of an idea, not the idea itself
Civil law protects all of the exclusive rights
Criminal law focuses on the rights to distribution and reproduction

10. Trademarks & Service Marks
“Commercial identity of a brand used to identify a product or service to the consumer”
--DOJ

11. What are Trademarks & Service Marks?
Name
Word
Phrase
Logo
Symbol
Design
Image
Or any combination of the items listed used to identify a product of service.

12. Purpose of Trademarks
Must be registered with the US Patent & Trademark Office
Excludes use of trademark, or similar mark, by other companies
Protects goodwill & reputation
Promotes fair competition and market integrity
Protects consumers from counterfeit goods & services

13. Trademark Legal Protection
Registration required with the US Patent & Trademark Office
Owner has exclusive right to use mark on all commerce within the US
Federal law prohibits trafficking in counterfeit goods including packaging not attached to goods

14. Patent
“Set of exclusive property rights granted by the state to an inventor for a fixed period of time in exchange for the disclosure of an invention”
--DOJ

15. Three Types of Patents Utility Design Plant Most common
Inventions that are:
Novel
Non-obvious
Useful
Design
Ornamental design of a functional item
Plant
New variety of plant

16. Patent Protections
Exclude others from making, using, or selling devices that embody the invention
Products & processes, not pure ideas
Must file for protection at the US Patent & Trademark Office
No protection under criminal law, only civil

17. Trade Secret
“Any secret formula, pattern, device, practice, or information used in a business that has some independent economic value & which is used to obtain some advantage over the competition which does not know it or use it.”
--DOJ

18. Trade Secrets Have a broader scope than patents
Can be obtained through legitimate means
Loses legal protection if the secret is publicly disclosed

19. Origins of Intellectual Property
Intellectual Property term establishment of World Intellectual Property Organization - WIPO
Concept dates back to the Talmud
Middle Ages, Europe, copyright - right to copy

20. Copyright Laws in the US
Article 1 Section 8 Clause 8 of the Constitution
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”

21. Copyright Act of 1790 First Federal copyright act
Originally covered books, maps & charts
Initial term was 14 years - optional 14 year extension if the author was still alive
US citizens only
Had to register for protection
Copy of work at repository

22. More Copyright History
Copyright laws changed as technology changed
As economic revenues possibilities grew, so did copyright law
Exclusive use timeframe extended several times
Exclusive use currently 70 to 120 years

23. Why Criminal Enforcement?
Most IP infringement handled by civil courts
Criminal court only for certain offenses & the worst offenders
Repeat offenders
Large scale offenders
Organized crime
Conduct threatening public health & safety

24. Department of Justice Approach
Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS)
Computer Hacking and Intellectual Property (CHIP) Coordinator
CHIP Units