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Chapter 2

Chapter 2 discusses the various aspects of intellectual property (IP) rights in the context of software, including patents, copyrights, trade secrets, and trademarks. It outlines the ownership of inventions, emphasizing the importance of written agreements in employment contexts, and introduces risk management as a crucial process in software development. The chapter concludes with a call for understanding IP rights to protect software innovations and the need for legal consultation when issues arise.

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Dawit Sebhat
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50 views25 pages

Chapter 2

Chapter 2 discusses the various aspects of intellectual property (IP) rights in the context of software, including patents, copyrights, trade secrets, and trademarks. It outlines the ownership of inventions, emphasizing the importance of written agreements in employment contexts, and introduces risk management as a crucial process in software development. The chapter concludes with a call for understanding IP rights to protect software innovations and the need for legal consultation when issues arise.

Uploaded by

Dawit Sebhat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Chapter 2

Creativity:
Employer and Employee Rights in IT Matters
Objectives
❖Intellectual Property (IP)

❖Types of Intellectual Property (IP)

❖Ownership of Inventions

❖Risk Management
Intellectual Property Rights in Software
❖ Intellectual property rights are the rights given to persons over
the creations of their minds.

❖ The term refers to a range of intangible rights of ownership in an


asset such as a software program.

❖ Intellectual property rights are at the foundation of the software


industry.

❖ The aim of IP is to safeguarding creators and other producer of


intellectual goods and services.
Types of Intellectual Property Rights
Basically, four types of intellectual property rights relevant to software:

– Patents

– Copyrights

– Trade secrets

– Trademarks

❖ Patents, copyrights and trade secrets can be used to protect the


technology itself.

❖ Trademarks do not protect technology, but the names or symbols


used to distinguish a product in the market place.
Patents
❖ A patent is a type of intellectual property that grant the invention.

❖ 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.

❖ In return, the invention must be described in detail to the Patent


Office, which publishes the information, thus increasing the amount of
technological knowledge available to the public.
How to obtain a Patent?
❖ An inventor must apply to the Patent Office and demonstrate
that the invention is

– new (as compared to prior technology)

– Useful

– non-obvious.

❖ An invention is non-obvious

– if it is more than a trivial, obvious to the next step in the


advancement of the technology.
Software Patents
❖ Software patents can be extremely powerful economic tools.

❖ They can protect features of a program that cannot be protected


under copyright or trade secret law.

For example, patents can be obtained for:

– Ideas, systems, methods, algorithms, editing functions, user-


interface features, compiling techniques, operating system
techniques, program algorithms, menu arrangements, display
presentations or arrangements, and programing language
translation methods.
Patent Infringements
❖ Patent infringement is making, using or selling the patented
invention without the patent owner's authorization.

❖ It is a type of violation involving the unauthorized use, production,


sales of another's patent.

❖ It is the commission of a prohibited act with respect to a patented


invention without permission from the patent holder.

❖ Permission may typically be granted in the form of a license.


Copyrights
❖ A copyright is a type of IP that gives its owner the exclusive right to copy and
distribute a creative work, usually for a limited time.

❖ While a patent can protect the novel ideas embodied in a software program, but
copyright cannot.

❖ Copyright protection extends to the particular form in which an idea is expressed.

❖ In the case of software, copyright law would protect the source and object code, as
well as certain unique original elements of the user interface.

❖ The owner of a copyrighted software program has certain exclusive rights

– The right to copy the software,

– Create derivative or modified versions of it,

– Distribute copies to the public by license, sale or otherwise.


Cont’d
❖ Anyone exercising any of these exclusive rights without permission
of the copyright owner is an infringer and subject to liability for
damages.
❖ Copyright protection arises automatically upon the creation of an
original work of authorship.
❖ There is no need to "apply" for a copyright or register the copyrighted
work in order for protection to exist.
❖ Generally, the duration of a copyright is the author's life plus fifty
years.
Cont’d
❖ The key difference between a patent and a copyright is that while a
patent can protect you from people who try to imitate your
software.

❖ Software copyrights have a narrower scope and will only protect you
if someone copies actual executable or source code or graphics from
your software.

❖ Copyright protection also lasts much longer than patent protection.


Trade Secrets
❖ A trade secret is a type of IP that includes any formula, pattern,
compound, device, process, tool, or mechanism that is not generally
known or discoverable by others.

❖ It is maintained in secrecy by its owner, and gives its owner a


competitive advantage because it is kept secret.

❖ The classic example of a trade secret is the formula to Coca-Cola.

❖ A trade secret can theoretically last forever -- for as long as its owner
uses reasonable efforts to keep it secret and someone else doesn't
independently create or "discover" it.
Cont’d
❖ This protection lasts as long as the protected element retains its
trade secret status.

❖ Trade secrets are not subject to being "infringed," as with patents


and copyrights, but are subject to theft.

❖ While copyrights and patents are made public and limited in


duration, trade secrets are private and can last indefinitely.

❖ So long as you actually keep them secret and use reasonable


measures to protect their secrecy.
Trademark

❖ A trademark is any word, name, symbol, or device used to


indicate the source of goods or services.

❖ Trademarks can be used to protect your company name or product


name, domain names, images, symbols, logos, slogans, colors,
product designs and product packaging.

❖ Registering your trademark will help you prevent others from using
your mark in a way that might confuse customers or damage your
business reputation.
Conclusion
❖ By understanding the different types of intellectual property and
issues related to software development, you will be better equipped
to protect the rights in your software.

❖ If you encounter any of the issues discussed above, you should


consult an attorney to make sure you are fully protecting your
intellectual property rights..
Ownership of Inventions:
Employers vs. Employees
Ownership of Inventions and Patent Rights under
Laws

❖ Ownership of an idea or invention is determined by whom,


where and in what context the creation of the idea took place.
❖ However, the question of ownership of an invention is
sometimes a difficult one.
❖ In order to establish the ownership of an invention it is necessary
first of all to establish who an inventor is and then establish
whether or not an inventor, or some other person or company, is
entitled to the ownership of an invention.
Cont’d
❖ The general principal is who invents owns the invention and the rights
to it.

❖ This general rule applies if the inventor is a self-employed


individual/s who works for himself.

❖ However, this general rule may be put to question when an invention


is not created by a self-employed individual but rather by an
individual who works for another person or company.

❖ The Patent Law has dealt with this matter and provided two scenarios
for this situation as follows:
Cont’d

In Case a Written Employment or Contract Exist

❖ Employees are required by law to assign their inventions to their


employers so long as their employment or contracts states so.

❖ Like any contract, an employment agreement may be written in any


manner agreed upon by both the employer and the employee.

❖ The key elements are that the agreement must be in writing and
signed by both parties.

In Case No Written Employment or Contract Exists


Risk
❖ It is a measure of future uncertainties in achieving program
performance goals and objectives within defined cost, schedule
and performance constraints.

❖ Risk can be associated with all aspects of a program e.g.

– threat,

– technology maturity,

– supplier capability,

– design maturation,

– performance against plan


Cont’d
❖ These aspects relate across the Work Breakdown Structure (WBS)
and Integrated Master Schedule (IMS).

❖ Risk addresses the potential variation in the planned approach and


its expected outcome.

❖ While such variation could include positive as well as negative


effects.
Risk Management
Risk management is the process of identifying risk, assessing risk,
and take steps to reduce risk to acceptable level.

❖ Its goal is to protect organization and to perform their mission.

❖ Risk management encompasses three process:

❖ Risk assessments which include identification, evaluation of risk


and risk impacts, and recommendation of risk reducing measure.

❖ Risk mitigation : which refers to prioritizing, implementing, and


maintain the appropriate risk reducing measures.
Cont’d
❖ Risk Evaluation: continual evaluation process and key for
implementing a successful risk management program.

❖ IT risk management is the process that allow IT manager to balance


the operation and economical cost to achieve its goal.

❖ Additionally, risk management is most effective

– if it is fully integrated with the program's systems engineering


and program management processes.
Individual Assignment One
❖ Discuss IP Ownership issues
✓ In Case No Written Employment or Contract Exists.

❖ Discuss the major ethical issues in software development.

❖ Explain who governs internet and how?

Submission Date: Apr 15


THANK YOU!!!

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