Copyright in Software and Data

1986 ◽  
Vol 21 (1) ◽  
pp. 15-22
Author(s):  
Moshe Shalgi
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Trade Secrets ◽  
Current Opinion ◽  
Considerable Body ◽  
Intellectual Creativity

The advent of a new brand of intellectual creativity, which followed developments in computer technology, created a considerable body of proprietory interests in computer software and data. There was therefore a search for legal instruments to provide protection against unauthorized exploitation of the intellectual property in them.Several legal paths were attempted: contractual protection, patent law, trade secrets law and copyright. Of these, the current opinion is that copyright law is the most suitable instrument to protect rights in software and data.

scholarly journals Copyrightability of Recombinant DNA Sequences

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Dna Sequences ◽  
New Technologies ◽  
Recombinant Dna ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Dominant Form ◽  
Recent Emergence

The recent emergence and rapid growth of biotechnology as a commercial industry has raised serious questions concerning the role of patent law as the industry's dominant form of intellectual property protection. Several commentators, drawing on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting recombinant DNA innovation. This article reviews these arguments in light of recent court decisions and scholarly commentary concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a particular scope of proprietary interests that may be used to accommodate the needs of new technologies such as biotechnology. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on policy rather than on analogy. The article reviews the basic characteristics of both the science of molecular biology and of the biotechnology industry, and, by contrasting these characteristics to those of the software industry, concludes that, as a matter of policy, copyright is not the most appropriate form of intellectual property protection for biotechnology.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Copyright Law ◽  
Patent Law ◽  
International Protection ◽  
The Public ◽  
Copyright Laws ◽  
Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

30. Computer technology and intellectual property

2019 ◽  
pp. 594-628
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Patent Protection ◽  
Computer Software ◽  
Computer Programs ◽  
Computer Hardware ◽  
The Internet ◽  
Semiconductor Chip

This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.

11. Patentability

2019 ◽  
pp. 401-484
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Intellectual Property ◽  
Patent Application ◽  
Computer Software ◽  
Patent Law ◽  
Controversial Issue ◽  
Inventive Step ◽  
Business Method Patents ◽  
Biotechnological Inventions

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.

scholarly journals Bioprinting and culture of tissues and organs in the BRICS countries (on the example of Brazil, India, China, and South Africa): approaches of legislation on intellectual property

2020 ◽  
pp. 35-57 ◽  
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
Legal Regulation ◽  
Copyright Law ◽  
Comprehensive Analysis ◽  
Patent Law ◽  
Property Law ◽  
Medical Technologies ◽  
Brics Countries ◽  
The Right

This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

scholarly journals quiz haki

2019 ◽  
Author(s):  
alan peter
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Music Industry ◽  
Computer Software ◽  
Business Community ◽  
Trade Secrets ◽  
The Government

AbstractAs a developing country, Indonesia needs to strive for strong competition among the business community. This is in line with global conditions in the field of trade and investment. Such competitiveness has long been known in the Intellectual Property Rights (HAKI) system.The era of globalization, this is arguably one of the causes of intellectual property rights violations (IPR). Like a time bomb that can explode at any time and the explosion effect can be on everything around it. Progress in all sectors, especially in the fields of industry and trade, is one of the victims of globalization. The higher industrialization flows and trade flows demanded the accuracy and speed of transactions are in part. And of course there are many problems that arise in it, because in every positive case there is a negative side. For example, in the case of "Music Industry" (Music Industry), especially in the cassette / DVD / VCD trade, sometimes people who are positioned as consumers prefer prices that are relatively cheap rather than expensive. Although of course the expensive ones have higher quality.Some time ago, precisely in July 2012 as quoted in the sitejogja.okezone.com The Government through the Directorate of Investigation of the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights (HAM) handled 44 cases of intellectual property rights violations (HKI) per May 2012. The 44 cases are related to the IPR domain, namely cases of copyright, patent, brand, industrial design, and Trade Secrets violations. And according to the Investigation Director of the Ministry of Law and Human Rights, Mohammad Adri, said, of the 44 cases of violations of IPR, the most cases were cases of brand violations which reached 27 cases. The second most, cases of industrial design violations (7 cases) and copyright cases (4 cases). The remaining patent cases and trade secrets. Illegal or pirated computer software problems are found in copyright cases.

scholarly journals The Maker Movement: Copyright Law, Remix Culture and 3D Printing

2017 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Intellectual Property ◽  
3D Printing ◽  
The United States ◽  
Copyright Law ◽  
Patent Law ◽  
Creative Industries ◽  
Maker Movement ◽  
Marcel Duchamp ◽  
The Impact ◽  
The Maker Movement

Rimmer, Matthew (2017) The Maker Movement: Copyright law, remix culture, and 3D printing. University of Western Australia Law Review, 41(2), pp. 51-84.There has been much interest in how intellectual property law, policy, and practice will adapt to the emergence of 3D printing and the maker movement. Intellectual property lawyers will have to grapple with the impact of additive manufacturing upon a variety of forms of intellectual property – including copyright law, trade mark law, designs law, patent law, and trade secrets. The disruptive technology of 3D printing will both pose opportunities and challenges for legal practitioners and policy-makers.Rather than try to survey this expanding field, this article considers a number of early conflicts and skirmishes in respect of copyright law and 3D printing. There has been significant interest in the impact of 3D printing on copyright law and the creative industries. There have been classic issues raised about copyright subsistence, and the overlap between copyright law and designs. There has also been a moral panic about 3D printing facilitating copyright infringement – like peer to peer networks such as Napster in the past. There has been a use of open licensing models such as Creative Commons licensing to facilitate the sharing of 3D printing files. Such battles highlight a conflict between the open culture of the Maker Movement, and the closed culture of copyright industries. In many ways, such conflicts touch upon classic issues involved in ‘information environmentalism’. Part II looks at the controversy over Left Shark. In particular, it examines the copyright claims of Katy Perry in respect of the Left Shark figure. Part III considers questions about scanning. Augustana College tried to assert copyright against a maker, Jerry Fisher, who was scanning statues of Michelangelo (although copyright had long since expired in such work). Part IV focuses upon copyright law, 3D printing and readymades. The Estate of Marcel Duchamp lodged a copyright protest over a 3D printed set of chess, based on the work of Marcel Duchamp. Part V examines the intervention of a number of 3D printing companies in a Supreme Court of the United States dispute in Star Athletic v. Varsity Brands. Part VI considers copyright law and intermediary liability. Part VII examines the operation of technological protection measures in the context of copyright law and 3D Printing

Intellectual Property Law

2019 ◽  
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
Trade Secrets ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Trade Mark Infringement ◽  
Comprehensive Text ◽  
Absolute Grounds For Refusal

Intellectual Property Law aims to provide a comprehensive text on all aspects of this field. The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences. It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. It examines the absolute grounds for refusal and the relative grounds for refusal of registration. It looks in detail at infringement and loss of registration of trade marks, and this part of the book ends with an examination of defences to trade mark infringement. The next part is about patents. After an introduction to patents the text analyses ownership and infringement of patents. The text then moves on to confidential information, in other words, trade secrets. Designs are examined after this. The final few chapters are about the exploitation and enforcement of intellectual property. The text concludes.

Computers and the Law: The Protection of Intellectual Property

1978 ◽  
Vol 9 (1) ◽  
pp. 15-41 ◽  
Author(s):  
James Lahore
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Computer Software ◽  
Legal Protection ◽  
The Law

With the development and widespread use of computer technology difficult questions relating to the legal protection which may be given to computer “software” must be considered. In this article Mr Lahore examines the existing law relating to intellectual property and discusses whether the Patents Act 1952 (Cth) and the Copyright Act 1968 (Cth), as they have been and may be inter-preted and applied, provide suitable and adequate protection for this computer software.

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