protecting intellectual property (ip) evan kuenzli grant miller
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Protecting Intellectual Protecting Intellectual Property (IP)Property (IP)
Evan Kuenzli Evan Kuenzli
Grant MillerGrant Miller
PreviewPreview History and Definition of IPHistory and Definition of IP Forms of IP protectionForms of IP protection IP laws, enforcementIP laws, enforcement IP Loss StatisticsIP Loss Statistics Theft TrendsTheft Trends Digital Rights Management (DRM); Digital Rights Management (DRM);
Enterprise Digital Rights Management Enterprise Digital Rights Management (EDRM)(EDRM)
Information SearchInformation Search Case StudyCase Study Questions Questions
IP: The BeginningIP: The Beginning
The actual term it’s self was first The actual term it’s self was first seen in an Oct. 1845 Mass. Circuit seen in an Oct. 1845 Mass. Circuit Court rulingCourt ruling
World Intellectual Property World Intellectual Property Organization established in 1967Organization established in 1967
IP is not a stated term in any U.S. IP is not a stated term in any U.S. Copyright Statutes. Rather Copyright Statutes. Rather “Exclusive Rights” “Exclusive Rights”
IP: Definition IP: Definition As defined by Article 2, section (viii), of the As defined by Article 2, section (viii), of the
Convention Establishing the World Intellectual Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, Property Organization, done at Stockholm, July 14, 1967, "intellectual property" shall include the 1967, "intellectual property" shall include the rights rights relating to: literary, artistic and scientific relating to: literary, artistic and scientific works, performances of performing artists, works, performances of performing artists, phonograms, and broadcasts, inventions in all phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, fields of human endeavor, scientific discoveries, industrial designs, trademarks, service marks, industrial designs, trademarks, service marks, and commercial names and designations, and commercial names and designations, protection against unfair competition, and all protection against unfair competition, and all other rights resulting from intellectual activity other rights resulting from intellectual activity in the industrial, scientific, literary or artistic in the industrial, scientific, literary or artistic fields."fields."
-According to the USTPO website-According to the USTPO website
PatentPatent
Grants property right to the Grants property right to the individualindividual
You get the right to exclude others You get the right to exclude others from making, using, making for sale , from making, using, making for sale , or selling you creationor selling you creation
Limited time frameLimited time frame Ex. Pharmaceutical Industry Ex. Pharmaceutical Industry
CopyrightCopyright
Protects form of expression rather Protects form of expression rather then subject matterthen subject matter
““original works of authorship”original works of authorship” literary, dramatic, musical, artistic, literary, dramatic, musical, artistic,
and certain other intellectual works, and certain other intellectual works, both published and unpublished both published and unpublished
Ex. Instruction manualEx. Instruction manual
TrademarkTrademark
Unlimited life span with renewalUnlimited life span with renewal Protects words, names, symbols, Protects words, names, symbols,
sounds, or colors that distinguish sounds, or colors that distinguish goods and services from those goods and services from those manufactured or sold by others and manufactured or sold by others and indicate the source of the goods indicate the source of the goods
Ex. Wal-Mart name Ex. Wal-Mart name
Trade secretTrade secret
It’s just that, a secretIt’s just that, a secret Any formula, pattern, compilation, Any formula, pattern, compilation,
program, device, method, technique program, device, method, technique or process that is used in one's or process that is used in one's business, and has independent business, and has independent economic value that provides an economic value that provides an advantage over competitors who are advantage over competitors who are not aware of it or use it not aware of it or use it
Ex. Having the first of a new machineEx. Having the first of a new machine
EnforcementEnforcement
Majority of IP law is federal lawMajority of IP law is federal law Right hold must file the action in Right hold must file the action in
order for enforcement to beginorder for enforcement to begin Most cases are private civil actionsMost cases are private civil actions Only good for the country in which its Only good for the country in which its
registeredregistered
Percentage increase in counterfeit Percentage increase in counterfeit items seized from 2003 to 2004items seized from 2003 to 2004
Computer hardware 899%Computer hardware 899% Electronic Equipment 707%Electronic Equipment 707% Food items and alcohol 197%Food items and alcohol 197% Clothing and accessories 102%Clothing and accessories 102% Toys and games 47%Toys and games 47% Perfumes and cosmetics 22%Perfumes and cosmetics 22% Watches and jewelry 27%Watches and jewelry 27% Audio CDs and DVDs 43%Audio CDs and DVDs 43%
Recent trends in IP theftRecent trends in IP theft
Today piracy and counterfeiting Today piracy and counterfeiting affect a huge spectrum of different affect a huge spectrum of different goodsgoods
In the past it was usually high end In the past it was usually high end brands that were targetedbrands that were targeted
Types of goods counterfeited are Types of goods counterfeited are constantly changingconstantly changing
Digital Rights ManagementDigital Rights Management
Digital Rights Management Technologies Digital Rights Management Technologies attempt to control use of digital mediaattempt to control use of digital media
Prevents access, copying, or conversion Prevents access, copying, or conversion by end users to other formatsby end users to other formats
In the past, analog media inevitably lost In the past, analog media inevitably lost quality with each copyquality with each copy
Digital media may be copied unlimited Digital media may be copied unlimited number of times with out losing qualitynumber of times with out losing quality
Enterprise Digital Rights Enterprise Digital Rights ManagementManagement
EDRM protects sensitive information EDRM protects sensitive information by managing and enforcing access by managing and enforcing access and usage rights to the informationand usage rights to the information
EDRM uses Display Only File Servers EDRM uses Display Only File Servers (DOFS) to make sure that the (DOFS) to make sure that the information does not leave a information does not leave a protected serverprotected server
DOFS gives insiders the right to DOFS gives insiders the right to read/write secure info but not to read/write secure info but not to remove it from serverremove it from server
Enterprise Digital Rights Enterprise Digital Rights ManagementManagement
Insider attacks are one of the most Insider attacks are one of the most important cyber-security threats to important cyber-security threats to corporate Americacorporate America
Information theft is potentially most Information theft is potentially most damaging in terms of potential damaging in terms of potential financial lossfinancial loss
In most cases attacker has proper In most cases attacker has proper authority to access informationauthority to access information
Enterprise Digital Rights Enterprise Digital Rights ManagementManagement
As of 2005 only 9% of large As of 2005 only 9% of large enterprises had implemented an enterprises had implemented an EDRM systemEDRM system
An additional 18% had plans to An additional 18% had plans to implement one within the next yearimplement one within the next year
However almost 75% of large However almost 75% of large enterprises were aware of the enterprises were aware of the conceptconcept
Other EDRM factsOther EDRM facts
The cost to implement EDRM was top The cost to implement EDRM was top concern of companies who hadn’t concern of companies who hadn’t done so yetdone so yet
The most important features of The most important features of EDRM is ability to track documents EDRM is ability to track documents and E mails as well as ability to and E mails as well as ability to control user accesscontrol user access
Information SearchInformation Search
It was easy to find definitions of the It was easy to find definitions of the terms that we needed. Wikipedia, terms that we needed. Wikipedia, etc.etc.
Easy to find basic information about Easy to find basic information about IP and DRMIP and DRM
Easy to find some information on Easy to find some information on who enforce the lawswho enforce the laws
Easy to find piracy informationEasy to find piracy information
Information SearchInformation Search
It was really difficult to find It was really difficult to find information about recent trends in IPinformation about recent trends in IP
It was also hard to find relevant It was also hard to find relevant information about IP in Americainformation about IP in America
There was plenty of information There was plenty of information about IP in foreign countries but that about IP in foreign countries but that was not our focuswas not our focus
Case StudyCase Study
Groups of 4-5Groups of 4-5 Has she done anything wrong? Has she done anything wrong? If so, what do you think she should If so, what do you think she should
have done? have done?
SourcesSources
http://en.wikipedia.org/wiki/Intellectuhttp://en.wikipedia.org/wiki/Intellectual_propertyal_property
http://en.wikipedia.org/wiki/Digital_rihttp://en.wikipedia.org/wiki/Digital_rights_managementghts_management
http://www.uspto.gov/smallbusiness/http://www.uspto.gov/smallbusiness/about/faq.htmlabout/faq.html
QuestionsQuestions