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Intellectual Property:
DTT105 COMPUTER ETHICS
LECTURER: SUHAILA SARDI
DEPARTMENT OF COMPUTER SCIENCE
FACULTY OF CREATIVE MEDIA & INNOVATIVE TECHNOLOGY
 Digital technology and the Internet make
copyright infringement easier and
cheaper.
 New compression technologies make
copying large files (e.g. graphics, video
and audio files) feasible.
 Search engines make finding material
easier.
 Peer-to-peer technology makes
transferring and sharing files easier.
Pengenalan Harta Intelek
“Intellectual Property refer to intangible
creation of the minds: inventions, literary and
artistic works, and symbols, names and
images used in commerce”.
Intellectual property is generally characterized
as nonphysical property (intangible ) that is
the product of cognitive processes and whose
value is based upon some idea or collection
of ideas protected by law
 Broadband connections make
transferring files easier and enable
streaming video.
 Miniaturization of cameras and other
equipment enable audience members to
record and transmit events.
 Scanners allow us to change the media of
a copyrighted work, converting printed
text, photos, and artwork to electronic
form.
 New tools allow us to modify graphics,
video and audio files to make derivative
works.
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 Four factors considered

 Purpose and nature of use – commercial
(less likely) or nonprofit purposes
 Nature of the copyrighted work Patents Trademarks
 Amount and significance of portion used
 Effect of use on potential market or value of
the copyright work (will it reduce sales of
work?)
 No single factor alone determines
 Not all factors given equal weight, varies by
circumstance Copyrights Trade Secrets

COPYRIGHT: COPYRIGHT:

Copyright protection extends to

original works of authorship fixed in any tangible There are five exclusive rights that copyright owners enjoy and three major
restrictions on the bundle. The five rights are :
medium of expression.
1.the right to reproduce the work,
2.the right to adapt it or derive other works from it,
“Copyright is the exclusive right given to the owner of a copyright for 3.the right to distribute copies of the work,
specific period. Copyright protection in Malaysia is governed by the 4.the right to display the work publicly, and
Copyright Act 1987”. 5.the right to perform it publicly.
There is no system of registration for copyright in Malaysia. A work that
is eligible is protected automatically upon fulfillment of the following
conditions:
Each of these rights may be parsed out and sold separately. All five rights
•sufficient effort has been expended to make the work original in lapse after the lifetime of the author plus 70 years.
character;
•the work has been written down, recorded or reduced to a material
form; and
•the author is a qualified person or the work is made in Malaysia or
the work is first published in Malaysia.

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(WORK ELIGIBLE FOR COPYRIGHT

PROTECTION): Pengenalan Harta Intelek
 Software developers (or the companies
•literary works *including software; they work for) own their programs.
•musical works;
•artistic works;  Software buyers only own the right to use
•films; the software according to the license
•sound recording;
•broadcasts;
agreement.
•derivative works  No copying, reselling, lending, renting,
leasing, or distributing is legal without the
software owner’s permission.

Publicdomain software has no owner and is

 There are four types of software
not protected by copyright law.
licenses:
Itwas either created with public funds, or
◦ Public Domain
the ownership was surrendered by the
◦ Freeware
creator.
◦ Shareware
◦ All Rights Reserved Can be copied, sold, and/or modified
Often is of poor quality/unreliable

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Freeware is copyrighted software that is
licensed to be copied and distributed without
charge.
Freeware is free, but it’s still under the
owner’s control.
Examples:
◦ Eudora Light
◦ Netscape
May be used by the purchaser according
the exact details spelled out in the
license agreement.
You can’t legally use it--or even possess
it-- without the owner’s permission.
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A shareware software license allows you to
use the software for a trial period, but you
must pay a registration fee to the owner for
permanent use.
◦ Some shareware trials expire on a certain
date
Purchasing (the right to use) the software may
also get you a version with more powerful
features and published documentation.
PATENT: Pengenalan Harta Intelek
“A Patent is an exclusive right granted for an invention, which is
a product or a process that provides a new way of doing
something, or offer a new technical solution to a problem. An
exclusive right is a right given to the owner the right to control
their invention as provided by the law’.
Patents yield the strongest form of protection, in that a 20 years exclusive
monopoly is granted over any expression or implementation of the protected
work.
The bundle of rights conferred on patents owners are the right to make, the
right to use, the right to sell, and the right to authorize others to sell the
patented item.
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PATENT - EXAMPLES :
PATENTABLE INVENTIONS:
Pengenalan Harta Intelek •be new, which means that the Pengenalan
invention has Harta Intelek
not been
publicly disclosed in any form, anywhere in the world;
•involves an inventive step, that is to say the invention
must not be obvious to someone with knowledge and
experience in the technological field of the invention;
and
•be industrial applicable, meaning it can be made or
used in any kind of industry.

For a Utility Innovation to be granted it only has to be

new.

A patent does not give its owner the right to make, use, or sell an invention: rather, the
right granted is only to exclude others from doing so.
As a result, if an inventor obtains a patent for a new kind of computer chip, and the
chip would infringe on a prior patent owned by Intel, the inventor has no right to
make, use, or sell the chip.
To do so, the inventor would need to obtain permission from Intel. Intel may refuse
permission, or ask that a licensing fee be paid for the rights to infringe on its patent.
While this system may seem odd, it is really the only way the system could work.
Many inventions are improvements on existing inventions, and the system allows the
improvements to be (patented) and sold, but only with the permission of the original
inventors, who usually benefit by obtaining licensing income in exchange for their
consent.

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Type of Patent Types of Inventions Covered
New or useful process, machine,
manufacture, or composition of
Utility
material or any new and useful
improvement thereof
Invention of new, original, and
Design ornamental designs for
manufactured products
TRADE MARK:
Pengenalan Harta Intelek
“A Trade Mark is a sign which distinguishes
the goods and services of one trader from those of
Duration
another. A sign includes words, logos, pictures,
20 years from the names, letters, numbers or a combination of these. A
date of the original Trade Mark is used as a marketing tool to enable
application
customers in recognising the product of a particular
trader.”
14 years from the
date of the original
application

Any new varieties of plants that can 20 years from the

Plant date of the original
be reproduced asexually
application

TRADE MARK:
Pengenalan Harta Intelek Trade Mark Pengenalan Harta Intelek
For example, the trademark “Nike,” along with the Nike “swoosh,”
identify the shoes made by Nike and distinguish them from shoes made
by other companies (e.g. Reebok or Adidas). Similarly, the trademark
“Coca-Cola” distinguishes the brown-colored soda water of one
particular manufacturer from the brown-colored soda of another
(e.g. Pepsi). When such marks are used to identify services rather than
products, they are called service marks, although they are generally
treated just the same as trademarks.

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Type of Trademark Types of Marks Covered Duration

Any word, name, symbol, or

Name is trademarked device used to identify and Renewable every
Trademark 10 years, as long as
distinguish one company’s goods
from another. the mark remains
Symbol is trademarked in use
Examples: Dell, Nokia, Oracle

Slogan is trademarked
Similar to trademarks; are used Renewable every
Service mark to identify the services or 10 years, as long as
intangible activities of a business, the mark remains
rather than a business’s physical in use
products.
Examples: Amazon.com, Orbitz,
eBay, Overstock.com

TRADE SECRETS/UNDISCLOSED TRADE SECRETS/UNDISCLOSED

INFORMATION: INFORMATION:

“Trade Secrets/Undisclosed Information is protected Trade secrets include marketing

information which is not generally known among, or
readily accessible to persons that normally deal with
the kind of information in question, has commercial
value because it is secret, and has been subject to
reasonable steps to keep it secret by the lawfully in
control of the information”.
plans, product formulas, financial
forecasts, employee rosters, logs of
sales calls, and similar types of
proprietary information.

Intellectual work or products belonging to

a business, not in public domain

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TRADE SECRETS/UNDISCLOSED INFORMATION -

EXAMPLES:
Pengenalan Harta Intelek
 Trade Secret Protection
◦ Not all information qualifies for trade secret
protection.
 In general, information that is known to the public or that
competitors can discover through legal means doesn’t qualify
for trade secret protection.
◦ The strongest case for trade secret protection is
information that is characterized by the following:
 Is not known outside the company.
 Is known inside the company on a “need-to-know” basis only.
 Is safeguarded by stringent efforts to keep the information
secret.
 Is valuable and provides the company a competitive edge.
 Was developed at great cost, time, and effort.

Registration Authority of Intellectual Property

in Malaysia:

Intellectual Property Corporation of Malaysia (MyIPO)

under the Ministry of Domestic Trade & Consumer Affairs.

INTELLECTUAL PROPERTY Function:

- Responsible in ensuring the rights of creators owners
PROTECTION SYSTEM IN of IP are protected worldwide and the inventors and
authors are thus, recognized and rewarded for
MALAYSIA their ingenuity.

Website : www.myipo.gov.my

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Laws Governing Intellectual Property in

Malaysia:

Intellectual property awareness in Malaysia; INTELLECTUAL PROPERTY PROTECTION

only 20 % of IP rights such as in patent, trade marks are owned by
Malaysian. Balance of 80 % are owned by foreigners. Malaysia is a member of the World Intellectual Property Organization (WIPO)
and a signatory to the Paris Convention and Berne Convention, which govern
these intellectual property rights.

In addition, Malaysia is also a signatory to the Agreement on Trade Related

Malaysia has been on the watch list since 1989. Aspects of Intellectual Property Rights (TRIPS) signed under the auspices of
Malaysia was dropped from the watch list, in 2012 , "in recognition of steps it the World Trade Organization (WTO). Therefore, Malaysia's intellectual
has taken to strengthen protection and enforcement of intellectual property property laws are in conformance with international standards and provide
rights and for issuing regulations to protect pharmaceutical test data". adequate protection to both local and foreign investors.

Responses from the Content Industries Digital Rights Management

 Ideas from the software industries  Collection of techniques that control
 Expiration dates within the software uses of intellectual property in digital
 Dongles (a device that must be plugged into formats
a computer port)  Includes hardware and software
 Copy protection that prevents copying
schemes using encryption
 Activation or registration codes
 The producer of a file has flexibility to
 Court orders to shut down Internet bulletin
boards and Web sites specify what a user may do with it
 Apple, Microsoft and Sony all use
different schemes of DRM

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