Chapter-2_Intellectual_Property_Rights.ppt

Chapter 2
Information Security Related Intellectual Property Rights
03/24/25 Resource Person: Mrs. Pradnya Kashikar 1

Computer Software and Intellectual Property

Objectives: IP Protection
• Many forms
• Copyright, Trade Mark, Patent, Trade
Secrets, etc.
• Licensing allows competing companies
to work together
• Create new innovation and standards

Information Economy
• Knowledge and information key assets,
key driver
• Better IP protection leads to better
creativity, competition, economic success

Software Piracy
• Asia Pacific: study shows 55% of software
is pirated
• Worldwide average is 35%
• Costly to industry
• Damages not just international companies
but also domestic companies
• Deprives countries of jobs and revenues
• Lacking respect for intangible property

Foreign Investment
• Good IP regime a key factor
• Companies who want to invest and
compete need to know and work in
environment where ideas and innovation
are protected
• Benefits
• Scientific and technological progress
• Knowledge transfer

Local Investment
• Local companies also benefit
• Better position to negotiate with large
companies
• Cross-licensing, buy-out
• Invest in new resources, R&D through
licensing and royalties
• Benefits both large and small companies
• Lack of IP respect or protection
=> lack of incentive to invest in R&D

Revenue
• International software products
• Benefits both local and international
companies
• Local industry earns more than international
companies from products
• Local industry involved in distribution
channels, IT services market, support,
maintenance, add-on, etc.

Reducing Piracy
• Significant benefits in reducing piracy rate
• Studies show benefit of 10 point reduction
• Asia – reduction of 10 points over 4 year create:
• Additional 2 million jobs
• Additional US 135 billion contribution to GDP
• Of which 80% revenue to local vendors

Future of Asia Pacific
• Asian companies can become formidable
international force
• Must lead in innovation, and not mere
followers or adopters of technology
• Need IP protection to have incentive for
people to devote time, effort, resources
to innovate

Copyright Protection:
Software Models
• Development Model
• Business Model
• Licensing Model

Software Development Models
• Open Source
• Collaborative – different people, different places, no formal association –
contributing elements towards final software
• Not exclusively so today
• Large companies also release in-house applications to community
• Commercial Software
• Usually developed by a commercial entity
• Internal teams, though maybe over large geographical area or even
international borders

Software Business Models
• Open Source
• Not primarily on the software product
• Revenue model is on supporting services and hardware
• System integrators
• Focus is on the product
• Revenue on customer buying products and its upgrades
• Motivation for customer to buy next version if it is more
innovative and has improved functionality

Software Licensing Models
• Open Source
• Source code usually provided royalty free
• Terms on redistribution, modification, addition stipulated, rather than requirement for fee to
be paid
• Product sold or licensed to customer, In object code or executable form, for a fee
• Source code may be made available to certain users through special licensing or other
arrangement, but not to general users
• Usually not to be copied or modified, except as provided in arrangement

IPR and Software Development
• Both models rely on IPR protection
• Netfilter Project v Sitecom Germany GmbH case
• Defendant used open source code within proprietary solution
• Plaintiff initiated action to ask defendant to disclose proprietary solution
• Plainitff had course of action because of copyright in code
• Could not initiate action in other instances because no copyright

Technical Issues
• Cost
• Security
• Flexibility

Implications – Piracy
• Not a solution to software piracy problem
• Software products not like other consumer-oriented commodity products
• Different productivity gains; akin to engaging professional services
• Where piracy rates are high, lower cost of software does not deal with lack of mindset to buy
legitimate copies
• Buyers of computers loaded with open source obtain pirated copies of commercial software
to replace
• Both open source and commercial software predicated on strong copyright protection

Implications – Piracy
• Developer’s perspective
• Risk assessment on code base and code reuse
• Inadvertently use code subject to GPL [General Public License]?
• Risk of being sued by competitor
• Piracy of a different form
• Disregard of licensing terms
• Incorporation into commercial products

Resource Person: Mrs. Pradnya Kashikar 19
• Software is protected by:
(1) Copyrights – rights enforceable by law and accorded to an artist,
inventor/creator of an expression or creative works: literary,
dramatic, musical, pictorial, graphics, artistic, audiovisual,
architectural, or sound recording.
• The protected works must have:
• Tangible form(expression)
• Originality
• Fixation in a medium
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• Copyrights are now universally accepted
• International enforcement conventions include:
• WIPO- world intellectual property organization
• UNESCO
• UCC- universal copyright convention
• WTO – World Trade Organization
• Once a copyright expires the work goes in public domain
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• Public works include:
• Non-copyrightable items( ideas, facts, schedules, names, etc..)
• Copyrightable items whose copyrights have expired
• Copyrightable works put in public domain by the author
• Duration of copyrights:
• Depends on country
• In U.S.( before 1978, 75 years from date of issue, after 1978
lifetime of author plus 50 years)
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(2) Patents – protection of inventions and discoveries
• What is protected must be:
• New and useful
• Improvement of any of the following:
• Process, manufacturing( products that are not machines),
machines(covering mechanism, mechanical products and
composition)
• Utility, Novelty, nonobvious, there must be no disclosure.
• Protection duration in U.S. is 17 years
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• (3) Trade Secrets
• Information that gives a company a competitive advantage
over the others
• No one specific definition of trade secrets
• It’s a collection of information in a static format with a
strategic importance
• Duration is infinite if no disclosure
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• The following characterize trade secrets:
• Extent the information is known outside the business
• Extent of measures taken to protect the trade secrets
• Value of information to the owner
• Amount of money spent by owner to develop the information
• Ease/difficulty of acquiring such information
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• (4) Trademarks – product identifying labels
• Include:
• Service marks
• Certification marks
• Collective marks
• Characteristic of trademarks include( see page 138/139):
• Arbitrary marks (say nothing but used for service)
• Suggestive marks (symbols and writings)
• Descriptive marks ( intended purposes)
• General marks (unrelated and not suggestive)
• Duration of trademarks in U.S. is 10 years
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• Trademarks are registered in U.S. if they:
• Are in good taste for the public
• Have no suggestive connotations to their origin
• Are not symbols of any recognizable country
• Do not use people’s likeness without permission
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Database and Data Protection

Data Protection Act (1998)
• What is the Data Protection Act (1998) and
why was it created?
• What are the eight principles of the Data
Protection Act?
• Data Protection Act: What rights do we
have?
• What is an Information Commissioner, Data
Controller and Data Subject?
• Are there any exemptions to the Data
Protection Act?

What is it and why was it created?
The Data Protection Act was developed to
give protection and lay down the rules about
how personal data can be used.
It was created to protect individuals from
misuse of this data. It governs the
collection and processing of data by
organisations and the individual rights to
access the data if they wish.

What are the eight principles of it?
1. Data must be kept secure;
2. Data stored must be relevant;
3. Data stored must be kept no longer than necessary;
4. Data stored must be kept accurate and up-to-date;
5. Data must be obtained and processed lawfully;
6. Data must be processed within the data subject rights;
7. Data must be obtained and specified for lawful purposes;
8. Data must not be transferred to countries without adequate
data protection laws.

What rights do we have as data subjects?
• To be supplied with the data held about
us;
• To change incorrect data;
• To prevent data being used about us if it
will cause distress;
• To stop data being used in attempts to sell
us something;
• To use the law to gain compensation.

What is an Information Commissioner, Data Controller
and Data Subject?
Information Commissioner: Person who
has the power to enforce the Act.
Data Controller: Person or Company that
collects and keeps data about people.
Data Subject: Person who has data about
them stored outside their direct control.

Are there any exemptions to the Data Protection Act?
• Any data held for National Security
reasons e.g. MI5
• Police can access personal information in
order to solve crimes.
• The taxman can access personal
information to ensure people pay their tax!
• Any data held for domestic purposes at
home e.g. birthday lists, address books.

Computer Misuse Act (1990)
• What is the Computer Misuse Act (1990)
and why was it created?
• What are the three principles of the
Computer Misuse Act?

What is it and why was it created?
The Computer Misuse Act (1990) was
developed to cope with the problems of
computer hackers and viruses.
Hacker:
Unauthorised user
who attempts to or
gains access to an
information system
Virus: A virus is a
program written to
cause mischief or
damage to a
computer system.

What are the three principles of the Act?
1. It is illegal to access unauthorised data
e.g. Hacking.
and intend to do it again e.g. Blackmail
and fraud purposes.
and amend it e.g. Planting Viruses and
deleting files.

Copyright, Design and Patents
Act (1988)
• Introduced to protect people who have
created original pieces of work.
• Books, Music, Films, Games, Applications.
• 2 main purposes of the Act:
• To ensure people are rewarded for
their endeavours.
• To give protection to the copyright
holder if someone tries to steal their
work.

Copyright, Design and Patents
Act (1988)
• The Act protects a wide range of work…
written and computer based.
• Includes:
• Copying Software;
• Copying or Downloading music;
• Copying images or photographs from
the Web;
• Copying text from web pages.

1. Personal data shall be processed fairly and lawfully
2. Personal data shall be obtained only for one or more
specified and lawful purposes, and shall not be further
processed in any manner incompatible with that
purpose or those purposes.
3. Personal data shall be adequate, relevant and not
excessive in relation to the purpose or purposes for
which they are processed.
4. Personal data shall be accurate and, where necessary,
kept up to date.
THE MORAL DIMENSIONS OF INFORMATION SYSTEMS
Data Protection Act Principles

5. Personal data processed for any purpose or purposes shall not
be kept for longer than is necessary for that purpose or those
purposes.
6. Personal data shall be processed in accordance with the rights of
data subjects under this Act.
7. Appropriate technical and organisational measures shall be taken
against unauthorised or unlawful processing of personal data and
against accidental loss or destruction of, or damage to, personal
data.
8. Personal data shall not be transferred to a country or territory
outside the European Economic Area unless that country or
territory ensures an adequate level of protection for the rights and
freedoms of data subjects in relation to the processing of personal
data.
Data Protection Act Principles

• National Security
• Crime, Taxation
Exemptions from the Data Protection Principles

Safe harbor:
• Private self-regulating policy and enforcement
mechanism that meets the objectives of government
regulators but does not involve government
regulation or enforcement. Example: U.S.
corporations doing business in Europe must process
their data in a “safe harbor” where the European
rules of privacy are in force
• “Safe harbor” status is granted by the EU after
certification by a trusted third party, e.g. a
recognized public account firm.

Transborder dataflows
• Flow of information across national borders
• Much of this data involves personal information

Examples of transborder personal data
• An American buys a book from a bookstore in England
• Information on the sale and payment cross two national borders
• A Spaniard does contract work with a company in Canada
• Information regarding payment crosses two national borders and earnings
information is registered with two internal revenue agencies

National Differences
• Definition
• US, Canada and France
• Define protections of personal data in terms of privacy
• Most of the European countries
• Define it as data protection
• Omnibus legislation versus sectoral rules

More national differences
• US
• Privacy issues are driven by consumerism and free trade—
stress on free flow of information and often cite the First
Amendment for support
• European and some other countries
• Privacy issues and data protection policies protect
fundamental rights of citizens—reflects belief that
governments have a duty to protect privacy of citizens

Definition:-
• A safe harbor is a provision of a statue or a regulation that specifies
that certain conduct will be deemed not to be violate a given rule
• It is a set of a rules which decided by EU & US.
• The US safe harbor principle were developed between 1998-2000.
• It includes 7 principles.

• Who manage these
organization?
-US Department of commerce
-Federal Trade Commission

Safe Harbor Principles
• Notice: notify individuals about purpose; any third party disclosures;
contact information
• Choice: must provide opt-out as far as third party disclosure or
incompatible use; opt-in for sensitive information
• Onward Transfer (third party): assure that the third party also follows
notice and choice

Safe Harbor Principles
• Access: individuals must have access to personal information and
right to amend or delete if inaccurate
• Security: reasonable precautions to protect information
• Data Integrity: personal information must be relevant for the
purpose it is to be used; ensure data is reliable for intended use
• Enforcement: independent recourse mechanism

Private Sector Enforcement
• Must have dispute resolution system in place
• Must remedy problems arising out of noncompliance
• Remedies have to be strong enough to encourage compliance
• Must include publicity for findings of noncompliance

Government Enforcement
• Federal Trade Commission
• Counts as unfair and deceptive trade practice
• Department of Transportation
• Airlines and ticket agents

List of companies
• http://export.gov/safeharbor/

Protection of Semi-conductor Chips

What is TRIP’s?
• The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS).
• Is an international agreement administered by the
World Trade Organization (WTO).
• The TRIPS Agreement ... is to date the most
comprehensive multilateral agreement on intellectual
property
• It was negotiated at the end of the Uruguay Round of
the General Agreement on Tariffs and Trade (GATT) .
• Introduced in 1994.

• TRIP is available in three languages English,French,Spanish.
• The areas of intellectual property that it covers are:
1. copyright and related rights (i.e. the rights of performers,
producers of sound recordings and broadcasting
organizations);
2.trademarks including service marks;
3.geographical indications including appellations of origin;
4.industrial designs;
5.patents including the protection of new varieties of plants;
6.the layout-designs of integrated circuits;
7.undisclosed information including trade secrets and test
data.

Features of TRIP…
1) Standard :-
In respect of each of the main areas of intellectual property covered by the
TRIPS Agreement, the Agreement sets out the minimum standards of
protection to be provided by each Member.
2) Enforcement :-
The second main set of provisions deals with domestic procedures and
remedies for the enforcement of intellectual property rights. The
Agreement lays down certain general principles applicable to all IPR
enforcement procedures.

3) Dispute Settlement :-
The Agreement makes disputes between WTO
Members about the respect of the TRIPS obligations
subject to the WTO's dispute settlement procedures.

Members of TRIP Agreement
• Two third members of WTO accepts the permanent
changes made on 6 December 2005 related to
patents and public health.
• Albania (28 January 2009).
• Australia (12 September 2007).
• China (28 November 2007).
• Egypt (18 April 2008).
• Japan (31 August 2007).
• United States (17 December 2005).
• Switzerland (13 September 2006).
• Sri Lanka (9 September 2015).

The Requirements of TRIP’s
• TRIPS requires member states to provide
strong protection for intellectual property
rights.
• For Example –
Copyright terms must extend at least 50
years, unless based on the life of the author.
(Art. 12 and 14).
Copyright must be granted automatically, and
not based upon any "formality," such as
registrations(Art. 9).
Computer programs must be regarded as
"literary works" under copyright law and
receive the same terms of protection.

Patents must be granted for "inventions" in all "fields
of technology" provided they meet all other
patentability requirements. Must be enforceable for
at least 20 years (Art 33).

Drawbacks of TRIP
• Central Vigilance System.
• No Amendments.
• Not defined Patent,Copyright,TradeMark.
• The resale rights depend upon
Reciprocity.
• There is no Proper Implementation of
DSB orders.

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Need
Threat of chip piracy
Intel and Semiconductor Industry Association(SIA) took lead and filed
a considerable complaint
Hearings lead to enactment of SCPA(Semiconductor Chip Protection
Act) in 1984
What protects semiconductor ICs then?
• SCPA(US Legislation)
• SICLDA(Indian Legislation)
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Semiconductor Chip Protection Act
(SCPA)
• Enactment by US congress in 1984
• Hybrid Law: Borrows from both patent and copyright
• Acquisition of protection by registration
• Fulfillment of obligations regarding Semiconductor IC
topographies by TRIPS agreement
• Suit is followed by other nations as well
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Semiconductor Integrated Chip Layout Design
Act(SICLDA)
Adapted by Indian legislation in 2000
Who can apply?
• Creator of layout design/his legal representative
Procedure for registration
1.Filing of application in writing
2.Acceptance of the application with acknowledgement
3.Advertisement of application
4.Issuing Certificate
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SICLDA(contd.)
Duration of Registration:10 years
Exclusions
Exclusive Right to the Register Proprietor
Registered User
Assignment and Transmission
Protection against Infringement
Innocent Infringement is allowed.
Adjudicating Authority
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Highlights of Indian Legislation
Protection of semiconductor integrated circuits
layout and designs by a registration process.
A mechanism for distinguishing which layout designs
can be protected
rules to prohibit registration of layout designs which
are not original or which have been commercially
exploited.
Protection of 10 years period
Provisions regarding infringement and evidence of
validity are mentioned.
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Highlights of Indian Legislation(contd.)
Provisions for determining payment of royalty for
registered layout designs in case of innocent or
unintentional infringement
Penalties in the form of imprisonment and fine are
imposed for willful infringement and other offences in
the Act.
The Registrar is appointed for the purpose of
administration and the Appellate Board is established
for facilitating the legal objective.
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CONCLUSION
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Domain Name Protection

Domain Names
A Domain name is a web address. For example:
www.marksandspencer.com
www.amazon.co.uk
www.ebay.co.uk

Domain Names
Domain names are in fact IP addresses. These are computer
addresses.
212.219.32.8 Is the Law School’s IP address.
The English translation of these numbers can be very lucrative.

Cybersquatting
Cybersquatting is a term that is used to describe a person who
registers a domain name and then offers it for sale to the true owner.
There has been some litigation on this issue.

Cyberlaw: Jurisdictional Issues
• Existing internet law is vague or does not completely cover
such issues as the protection of domain names, taxes,
jurisdiction in cross-border transactions, and contractual issues
• The European Union, the U.S. and many other countries are
drafting legislation to address the myriad legal questions not
clearly addressed by current law
• Laws being considered deal with Cybersquatters—those who
buy and register descriptive nouns, geographic names, ethnic
groups, pharmaceutical substances and other similar descriptors
and hold them until they are sold at an inflated price
• Another issue in e-commerce concerns the collection of taxes
on sale of products, i.e., when taxes should be collected, where
they should be collected, and by whom, are all issues under
consideration by countries around the world

Domain Name System (DNS)
• Basically, DNS is a global addressing system
• DNS allows users to go to a specific website by entering its
corresponding domain name
• DNS locates and translates domain names into IP addresses

Components of Domain Names
Second-level domain
www.inta.org
Top-level domain

Components of Domain Names:
Top-Level Domains
• Highest level in the DNS hierarchy
• Generic Top-Level Domains (gTLDs)
• Examples: .com, .net, .org
• Also, gTLDs for business or interest groups (e.g., .gov for the U.S. government, etc.)
• NEW gTLDs (e.g., .brand, .community, .geographical area)
• Country-Code Top-Level Domains (ccTLDs)
• Examples: .au for Australia, .mx for Mexico
• Internationalized Domain Names (IDNs)
• Contain local language characters such as accents and may include non-Latin scripts
• Examples: 香港 (Hong Kong), рф (Russian Federation)

Components of Domain Names:
Second-Level Domains
• Second-level domain names:
• Follows “www.” and precedes the top-level domain name
• Chosen by registrant
• Must be:
(1) unique term not previously used as a second-level domain name, and
(2) registered

New gTLD Names
• Examples of new gTLD names:
• by brand (.amazon, .dunlop), music and arts community (.theater, .band),
cause (.eco, .charity), geographic/cultural area (.nyc, .irish), etc.
• Companies and organizations will be able to create and operate a registry
business for the new gTLD
• The use of non-Latin characters (such as Cyrillic, Arabic, Chinese, etc.) will also be
allowed in gTLDs
• The initial application process closed on May 30, 2012
• The time period for a second round of applications has not yet been established,
but it will likely be at least a couple of years after the close of the initial round of
applications

New gTLD Names:
Trademark Owners’ Remedies
• The World Intellectual Property Organization (WIPO) is the exclusive
provider of dispute resolution services for trademark-based “Legal
Rights Objections” for the new gTLDs
(More info: http://www.wipo.int/amc/en/domains/newgtld/)

Timeline for New gTLDs
For the most up-to-date information, see:
• http://www.inta.org/Advocacy/Pages/gTLDs.aspx
• http://newgtlds.icann.org/en/applicants/agb

How Are Domain Names Registered?
• Internet Corporation for Assigned Names and Numbers (ICANN) manages domain
name system
(More info: http://www.icann.org/)
• ICANN-Accredited Registrars handle the actual registration of gTLDs
• National Registry or Local Registrars handle the actual registration of ccTLDs

Domain Name Disputes
Cybersquatting refers to when a party registers, without permission, a domain
name that is confusingly similar to a third-party trademark with the intention of
seeking to reap some type of commercial or financial benefit, often in an effort to
block the trademark owner from using the domain until the owner agrees to pay
an exaggerated sum for the domain.

Domain Name Disputes
• Typosquatting
• Domain Name Testing

Reactions to Cybersquatting
• Uniform Domain-Name Dispute-Resolution Policy (UDRP):
http://www.icann.org/en/help/dndr/udrp
• Anticybersquatting Consumer Protection Act 1999 (ACPA):
http://www.law.cornell.edu/uscode/text/15/1125

Uniform Domain-Name Dispute-Resolution
Policy (UDRP)
• International arbitration process for resolution of domain name disputes adopted
by ICANN
• Incorporated into domain name registration agreements of accredited registrars
• Also, registrants make certain representations regarding their domain names
(e.g., domain name registration will not infringe third-party rights, etc.)
• Only administrative alternative to going to courts

UDRP Service Providers
• World Intellectual Property Organization (WIPO)
• National Arbitration Forum (NAF)
• Asian Domain Name Dispute Resolution Centre
• The Czech Arbitration Court Arbitration Center for Internet Disputes
(More info: http://www.icann.org/en/help/dndr/udrp/providers)

Other Jurisdictions
• Many countries have their own policies and procedures
• Examples:
Mexico —Domain Name Dispute Resolution Policy for .mx (LDRP):
http://www.registry.mx/jsf/static_content/domain/policies_second.jsf
Israel—Procedures for Alternative Dispute Resolution under the
.il ccTLD by Dispute Resolution Panels (IL-DRP): http://www.isoc.org.il/domains/ildrp.html
(More Info: WIPO Arbitration & Mediation Center ccTLD Database:
http://www.wipo.int/amc/en/domains/cctld_db/)

• Patent licensing:
an important tool for e-businesses
Source: Idea Buyer

What are the challenges raised by the impact of e-commerce?

• Protection of software: different IP rights may protect
different aspects of software
Source: Espaço da Vaninha
Copyright: object
code, literal
components
Patent: new
technical
contributions
Designs: graphic user
interfaces, icons
Trade secrets: source
code

• Online content distribution
 Ease of upload, download and copying -» illegal
uploading and downloading of copyright materials

• As an e-commerce business:
 Protect your IP on the Internet
 Never distribute or permit downloads of content which does not
belong to your company
 Implement programs, policies and guidelines which ensure that your
employees understand IP related matters.

• Domain name issues
 DN must be available
 Conflicts of domain name with third parties’ trademarks or
personality rights

Technical tools/
Software
- Check license-based Terms&Conditions
- Get permissions
Copyrighted
works
- Finding info from CMOs
- Moral rights aspects
- Specifics of using photos
- Public domain material/freely available
material
Trademarks - Metatagging, linking, framing
- Marketing and advertising
Personal indicia - Privacy rights
- Publicity rights

• Domain names vs. trademarks
Domain Names Trademarks
Internationally available National/Regional IP rights
One domain name within one first
level domain
Possible coexistence of similar or
identical TMs (eg. different
classes)
Registration on first-comes first-
serves basis without examination
Examination (formal and/or
substantive)
Private contract with a registrar Registration by state/regional
authorities
Less expensive and quicker More expensive and longer

• Uniform Domain Name Dispute Resolution Policy
(UDRP)
 UDRP Rules adopted in 1999
 Reasons:
- Protection of trademark owners and legitimate domain name
registrants
- Effective fight and prevention against cybersquatting (with less
cost, shorter duration, etc.)
 Limited to cases of abusive registration of domain names
 More on UDRP procedure:
http://www.wipo.int/amc/en/domains/

• UDRP does not cover:
 Disputes regarding registrations which violate business (trade) names,
geographical indications or personality rights
 Situations which per se do not fall under the definition of ‘abusive
registration’ under UDRP

• Protected elements of a website
New technological systems
Search engines
Other technical internet tools
Software
Database
Website design
Website content
Business names, domain names
Product names, logos, other signs
Computer-generated graphic symbols,
screen displays, GUIs, webpages
Confidential graphics
Source code, object code, algorithms
Data flow charts, database contents, etc

• Types of protection
New technological systems
Search engines
Other technical internet tools
Software
Database
Website design
Website content
Business names, domain names
Product names, logos, other signs
Computer-generated graphic symbols,
screen displays, GUIs, webpages
Confidential graphics
Source code, object code, algorithms
Data flow charts, database contents, etc
Patents/utility
models
Copyright
Design
Sui generis/
database laws
Trademarks
Trade secrets

1 - To protect IP rights By registering trademarks
By registering domain names
By registering website and copyright (in case
such possibility is provided)
Patenting online business methods (in
countries where it is available)
2 - To let people know
that the content is
protected
By using symbols: ©, ®, etc
By using watermarks for copyright content
By giving notices that website or business
method is patented
 Precautionary measures

3 - To let people know
what use they can make
of the content
What they can do with the page
Who to contact to get a copyright clearance
related to website components
4 - To control access and
use of website content
By using online agreements to allow access
By using encryption (keys, etc.)
By using access control & conditional access
systems
 Precautionary measures (cont)
5 – To detect
infringements on website
By taking random snippets of text from
website and searching for the snippets using
search engines
By using ‘spider programs’ to detect illegal
use

• Taking action against infringers - steps
1 - Make screen shots or prints of relevant pages
2 - Print the source code from the infringing website
3 - Assure that you can prove your prior ownership over website
content and its originality
4 - Send ‘cease & desist’ letter to the owner of infringing website
5 - If no response received, send: (a) a notice about infringement to
any search engine and (b) a request to ISP with a demand to
remove the infringing site

• In short…
• If you want to use protected content in your website (art
works, photos, paintings, etc.), you need to get permission
from their creators or owners
• Websites which collect, handle or disclose personal
information of their users should comply with the national
privacy laws of the country from which they are operating

• In short…
• An outside contractor will usually own the right in the website
unless contractually agreed otherwise
• Domain names are unique: two companies can own and use
the same trademark, but only one company can own a
particular domain name
• In most countries, a registration of someone else’s trademark
as a domain name is a violation of trademark rights

• In short…
• Domain names are registered on a first-come, first-serve basis
• UDRP is an administrative procedure to solve disputes
between trademarks and domain names in case of abusive
registration

Chapter-2_Intellectual_Property_Rights.ppt

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