Protecting Intellectual Property (IP)PreviewIP: The BeginningIP: DefinitionPatentCopyrightTrademarkTrade secretEnforcementPercentage increase in counterfeit items seized from 2003 to 2004Recent trends in IP theftDigital Rights ManagementEnterprise Digital Rights ManagementSlide 14Slide 15Other EDRM factsInformation SearchSlide 18Case StudySourcesQuestionsProtecting Intellectual Protecting Intellectual Property (IP)Property (IP)Evan Kuenzli Evan Kuenzli Grant MillerGrant MillerPreviewPreviewHistory and Definition of IPHistory and Definition of IPForms of IP protectionForms of IP protectionIP laws, enforcementIP laws, enforcementIP Loss StatisticsIP Loss StatisticsTheft TrendsTheft TrendsDigital Rights Management (DRM); Digital Rights Management (DRM); Enterprise Digital Rights Management Enterprise Digital Rights Management (EDRM)(EDRM)Information SearchInformation SearchCase StudyCase StudyQuestions QuestionsIP: The BeginningIP: The BeginningThe 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 rulingWorld Intellectual Property World Intellectual Property Organization established in 1967Organization established in 1967IP 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 Convention As defined by Article 2, section (viii), of the Convention Establishing the World Intellectual Property Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967, Organization, done at Stockholm, July 14, 1967, "intellectual property" shall include the "intellectual property" shall include the rights relating rights relating to: literary, artistic and scientific works, to: literary, artistic and scientific works, performances of performing artists, phonograms, performances of performing artists, phonograms, and broadcasts, inventions in all fields of human and broadcasts, inventions in all fields of human endeavor, scientific discoveries, industrial endeavor, scientific discoveries, industrial designs, trademarks, service marks, and designs, trademarks, service marks, and commercial names and designations, protection commercial names and designations, protection against unfair competition, and all other rights against unfair competition, and all other rights resulting from intellectual activity in the resulting from intellectual activity in the industrial, scientific, literary or artistic fields."industrial, scientific, literary or artistic fields." -According to the USTPO website-According to the USTPO websitePatentPatentGrants property right to the Grants property right to the individualindividualYou 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 creationLimited time frameLimited time frameEx. Pharmaceutical Industry Ex. Pharmaceutical IndustryCopyrightCopyrightProtects 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 manualTrademarkTrademarkUnlimited life span with renewalUnlimited life span with renewalProtects 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 nameTrade secretTrade secretIt’s just that, a secretIt’s just that, a secretAny formula, pattern, compilation, Any formula, pattern, compilation, program, device, method, technique or program, device, method, technique or process that is used in one's business, process that is used in one's business, and has independent economic value and has independent economic value that provides an advantage over that provides an advantage over competitors who are not aware of it or competitors who are not aware of it or use it use it Ex. Having the first of a new machineEx. Having the first of a new machineEnforcementEnforcementMajority of IP law is federal lawMajority of IP law is federal lawRight hold must file the action in Right hold must file the action in order for enforcement to beginorder for enforcement to beginMost cases are private civil actionsMost cases are private civil actionsOnly good for the country in which its Only good for the country in which its registeredregisteredPercentage increase in counterfeit Percentage increase in counterfeit items seized from 2003 to 2004items seized from 2003 to 2004Computer 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 theftToday piracy and counterfeiting Today piracy and counterfeiting affect a huge spectrum of different affect a huge spectrum of different goodsgoodsIn the past it was usually high end In the past it was usually high end brands that were targetedbrands that were targetedTypes of goods counterfeited are Types of goods counterfeited are constantly changingconstantly changingDigital Rights ManagementDigital Rights ManagementDigital Rights Management Technologies Digital Rights Management Technologies attempt to control use of digital mediaattempt to control use of digital mediaPrevents access, copying, or conversion Prevents access, copying, or conversion by end users to other formatsby end users to other formatsIn the past, analog media inevitably lost In
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