Intellectual Property Rights in Relation to Computer v/s Hardware and Software

Presented by: Gurpreet Singh 892390

Introduction Intellectual Property  Product of the mind or intellect over which the owner holds legal entitlement.  2 . The law provides different methods for protecting these rights of ownership based on their type.

Types There are essentially four types of Intellectual property rights     Patents Copyright Trade secrets Trade marks 3 .

thus increasing the amount of technological knowledge available to the public.Patents     A patent is a twenty year exclusive monopoly on the right to make. use and sell a qualifying invention. This legal monopoly is considered a reward for the time and effort expended in creating the invention. 4 . invention must be described in detail to the Patent Office. which publishes the information. Patent protection does not allow anyone to use any part of protected invention without permission or license.

Patents  Several points about patent should be noted: .A patent must be an improvement on the technology or processes .It is “invention” not “discovery” .A patent will not be issued for something that is not new. . novel or useful. 5 . .

and distribute copies to the public by license. Anyone exercising any of these exclusive rights without permission of the copyright owner is an infringer and subject to liability for damages or statutory fines Copyright law also protects against indirect copying. such as unauthorized translation of the code into a different programming language. sale or otherwise. 6 .Copy Right    Owner’s right to copy the software. create derivative or modified versions of it.

7 .Copy Right   Copyright protection arises automatically upon the creation of an original work of authorship. There is no need to "apply" for a copyright. duration of a copyright is the author's life plus fifty years.

and gives its owner a competitive advantage. but the person responsible for the disclosure could be held legally responsible. or mechanism that is not generally known or discoverable by others. 8 . process. pattern. is maintained in secrecy by its owner. The classic example of a trade secret is the formula to Coca-Cola. compound.Trade Secrets    A trade secret is any formula. device. Unauthorized disclosure might destroy the trade secret’s value. tool.

com . It is covered by both federal and state law. facebook. but the names or symbols used to distinguish a product in the marketplace. 9 . The trade marks include the trade names such as : Apple .com etc. A registration system for trademarks establishes the rights and priorities of holders of a mark. Microsoft . IBM . or domain names such as : google.Trade Mark     Trademarks do not protect technology.

Laws There are several laws to provide security for these Intellectual property rights    SOPA PIPA Indian cyber Act 10 .


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