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Intellectual Property

Transcript: Presentation By Forrest Howard Information, or knowledge, unlike a physical asset, can be possessed by more than one individual or firm at any one time My Thoughts Patents provide a legal safeguard of certain information 17 years reveal research directions & encourage competitors to invent related products Plenty of reasons to keep a trade secret, but the law does not protect them Cannot use "improper means" to secure another's trade secrets Former Employees cannot take actual documents to another company Factors to consider by courts in deciding unprotecable information (1) Extent in which info is known outside the business (2) Extent to which employees know (3) Extent to which the firm goes to guard info (4) Value of the information to the firm and to its competitors (5)Amount of money used to develop information (6) How easily the information may be developed Require public disclousre of all important general information Problems: New firm would be able to produce product at a lower cost Less Competition Small companies couldnt succeed (1) Specify to employees what it regards as its trade secrets (2) make sure the secrets are legitmate trade secrets (3) fragment research activities (4) Pension and consulting policies Tom is a young engineering graduate who designs automobile brakes for Ford. While working for Ford, Tom helps develop a new brake lining that lasts twice as long as conventional brake linings. Ford decides to keep the formula for this brake lining as a trade secret. After five years, Tom leaves Ford to take a job at General Motors. While at General Motors, Tom does not tell them the formula for the new brake lining, but he does use the knowledge he gained from his role in designing it to head a team that designs an even more durable lining. Is Tom stealing Ford’s intellectual propery? If you worked for company A and company B hired you for double the salary for your information, would you give it to them? Solution to Secret Information Suppose that company M develops a super-computer that gives it a competitive advantage, but decides that, rather than marketing it, it will use the computer to provide services to users. technical information secret. If another company, N , were to steal the computer N would be subject to moral blame as well as legal penalty. Somhow N obtained M's technical information, which thereby enabled N to copy M's computer. Should N then be subject to moral blame and legal penalty? Companies have the right to expect that eployee will abide by contract Eployees have a duty to abide by contract People are NOT morraly oligated to abide by ALL contracts ... small Began by sketching an argument that company N was justified in obtaining information about company M's computer without M's consent. By: Robert E. Frederick Milton Snoeyenbos There are consequentialist and nonconsesequentialist reasons for allowing to protect their propiertary information via patents and trade secrets Conclusion Morals someone else's work stealing NO... Why? N's knowledge does not diminish M's information Everyone regards dissemination of knowledge as a utility to society M's competitive advantage over everyone was not a good thing M has no right to keep the information to itself. Patents Question to Consider Case Study Employee Problem. Is it ethical? "Trade Secrets, Patents, and Morality" Employer's Responsibility Intellectual Property Should not be indefinite NOT OKAY N's argument is specious. Utility considerations justify allowing M to keep its information secret for a period of timem and any employee of M who divulges M's secret info to N is morally blameworthy. Subject 4 Allow monopolies

Intellectual Property

Transcript: Example of trade marks The Official Portal of Intellectual Property Corporation of Malaysia. (n.d.). Retrieved from Intellectual Property Division Communication and Multimedia Act 1998 give protection against the misuses of computer and computer criminal activities such as unauthorized uses of programmers, illegal transmission of data or messages over computers and hacking and cracking of computer systems and networks. By implementing the Computer Crimes Act 1997, users can protect their rights to privacy and build trust in the computer system. At the same time, the government can have control at a certain level over cyberspace to reduce cyber crime activities. Example of patents Objective of Intellectual Property Division (IPD) : Ensure more efficient and effective machinery. Establish participative role at international level. Ensure wider role in nation’s IP development. Enhance employment opportunities for more experts and professionals. The Telemedicine Act 1997 ensures that only medical practitioners can practice telemedicine and that their patient's rights and interests are protected. This act provides the future development and delivery of healthcare in Malaysia. Patent Intellectual Property Development Example of patents A sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these elements. Function of trade marks: Origin function Choice function Quality function Marketing function Economic function Intellectual Property Protection (IPP) The implementation of Communication and Telecommunication Act 1998 ensures that information is secure, the network is reliable, and the service is affordable all over Malaysia. This Act also ensures high level of user's confidence in the information and communication technology industry. Computer Crime Act 1997 Copyright References Example of copyright video yaw! The Digital Signature Act 1997 secures electronic communications especially on the Internet. Digital Signature is an identity verification standard that uses encryption techniques to protect against e-mail forgery. The encrypted code consists of the user’s name and a hash of all the parts of the message. By attaching the digital signature, one can ensure that nobody can eavesdrop, intercept, or temper with transmitted data. The Impact of Digital Revolution of Intellectual Property Protection Various Division of Intellectual Property Any product of human intellect that is unique and unobvious, and also has some value in the marketplace. Word ‘Property’ is generally used to mean a possession, or deeply is something to which the owner has legal rights. Copyright (Amendment) Act 1997 To create and execute design solutions towards problems of form, usability, user ergonomics, engineering, marketing, brand development and sales. Study both function and form, and the connection between products and also the user. To create and develop concepts and specifications that optimize the function, value and appearance of products and systems for the mutual benefit of both user and manufacturer. Trade marks Countries have laws to protect intellectual Property for two main reasons : Give statutory expression to moral and economic rights of creators in access to those creations. To promote as deliberate act of government policy, creativity and dissemination application. Example of industrial design Ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. to make unauthorized transmission of copyright works over the Internet an infringement of copyright. infringement of copyright to circumvent any effective technological measures aimed at restricting access to copyright works. These provisions are aimed at ensuring adequate protection of intellectual property rights for companies involved in content creation in the ICT and multimedia environment. Example of industrial design IP law aims at safeguarding creators and other producers of intellectual goods and services by granting certain time-limited rights to control the use made of those productions. IP can be divided into two branches : Industrial property Copyright Example of patents Example of patents Example of industrial design Industrial Design Exercise Example of copyright The world Intellectual Property Organization (WIPO) Digital Signature Act 1997 Cyberlaw Exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. 2 types of patent invention: Non-patentable Patentable Telemedicine Act 1997 1) What is the reason for countries to have laws to protect intellectual property? 2) How can a patent or utility innovation be protected? 3) What is the function of trade mark? 4)

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