Part 004

⦁ Intellectual property:
Describes tangible things, to which one can claim ownership.
⦁ Intellectual property rights:
Are legal rights bestowed on an individual or group that create things or
activities which lead to the (IP) in domains.
These legal rights protect the moral and economics rights of the creators.
⦁ Computers products and services :
Computer products: (tangible and have intrinsic value).
Services: (have no tangible form but have intrinsic value).
Computer services: (have no tangible form but have intrinsic value).

Computer software cannot be easily classified as either a product or a

service

Computer software has an intrinsic value both to the developer and to the buyer,
but it may not have a tangible form unless you consider the medium it is on (like
CD).

The manuals and CDs all have a tangible form and probably some intrinsic
value, but the program itself does not have a tangible form, although it has the
most intrinsic value.

In this case, we can classify such software as a service.

However, the lack of tangible form does not mean that software as a
product is excluded.
There are cases when we can consider software as a product.
Jim Prince puts software into three categories:
⦁ off-the-shelf software (aka “canned” software) such as Windows and
others that one can buy ready to use with no alterations allowed by the
producer.
→ Considered to be a product
⦁ software specifically ordered by the customer from the software house or
producer to fit the customer’s very specific needs.
→ Considered to be a service

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 ⦁ software the customer buys off the shelf, but with changes allowed, or the
customer adds certain parts to the software to meet some specific needs
→ Considered to be a new class “mixed case”

FOUNDATIONS OF INTELLECTUAL PROPERTY:

intellectual property rights form a wide scope of mechanisms that include:
⦁ Copyrights (‫)حقوق الطبع و النشر‬
⦁ Patents (‫) براءات اﻻختراع‬
⦁ Trademarks ( ‫)العﻼمات التجاريه‬
⦁ protection of trade secrets (‫) اسرار التجاره‬
⦁ rights identity personal ( ‫)حقوق الهويه الشخصيه‬

⦁ Copy rights :
One of the most important principles of copyright is that it does not protect ideas,
but rather protects the author's expression of ideas.
-Works in the Public Domain: Works in the public domain are those that
no longer have active copyright protection.
Expiration of Copyright: When the copyright term for a work expires, that
work becomes part of the public domain.
Examples of Works in the Public Domain:
⦁ Government-owned works.
⦁ Non-copyrightable items (such as ideas and facts)
⦁ Works intentionally placed in the public domain by their
copyright owners.
⦁ Works that lost their copyrights for various reasons before
the expiration of their terms.
Using Works in the Public Domain:
⦁ Works in the public domain are not protected by copyright
law, allowing anyone to use them without prior permission
from the work’s owner.
-Application for Copyright:
⦁ Authors and creators seeking copyright protection begin by
submitting an application to the copyright office.
⦁ Each country’s copyright office has specific requirements.
⦁ The application typically includes a copy of the work for which
copyright protection is sought, and it must be filed within 3 months
of the work’s first distribution.
Originality, Fixation, and Expression:

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 Fixation: Refers to the tangible form in which the creation is
perceived by others. It defines the domain and parameters of the
work.
⦁ Examples:
⦁ Computer programs are fixed in binary code.
⦁ For performing arts (such as drama), the script serves as the
fixation.
⦁ In fine arts, the painting or sculpture represents the fixation.

Originality: Works must be unique and innovative to qualify for

copyright protection.
Originality is achievable only through expressions.
Expressions may include ideas, theories, and other inventions.
-Duration of a Copyright
• In Egypt and the US, and many other countries the work remains
protected by copyright laws for the lifetime of the author plus 50 years.
• In the case of more than one author of the work, the protection lasts
for the lifetime of the longest living author plus 50 years.
⦁ patents:
⦁ The patent law does not protect ideas, but only the process of carrying out
an idea.
⦁ Competitors may take the same idea and use a different process to arrive
at
⦁ their own inventions or discoveries, which can then be patented as novel.
⦁ Patents protect inventions and discoveries.
⦁ In many countries, patent protection rights, similar to copyrights, are
provided for by the constitution.
⦁ The laws grant inventors or discoverers exclusive rights to make, use, or
sell their invention or discovery for a specific period, as long as there was
full disclosure of the invention or discovery at the time the patent
application was filed.
⦁ Due to the disclosure requirement that every patent applicant must meet,
a patent is more like a contract between the inventor or discoverer and the
government.
⦁ For this contract to be binding, each party must fulfill its role:
-The government’s role is to protect the exclusive rights of the
inventor or discoverer while they recover their investments over a
specific period.
-The inventor or discoverer’s role is to provide full disclosure of the
invention or discovery to the government.

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 - An invention or discovery is patentable if it meets two basic
requirements:
First requirement: that the invention must be new and useful.
Second requirement:
⦁ Utility .
⦁ Novelty.
⦁ Nonobviousness : must not have been obvious to anyone.
⦁ Disclosure:
- Adequate disclosure is crucial for granting a patent.
-It allows the public to benefit from the invention after the protection
period ends.
-Duration of a patent:
The protection must last for a number of years
• 17 years in the United States
• 20 years in Egypt (starting from the date of application).

⦁ Trade secret:
⦁ A trade secret is a collection of valuable information that gives a
company or business a competitive advantage over others in the
field.
⦁ It is characterized by its strategic importance and the advantage it
provides to the owner.
Format of Trade Secrets:
⦁ Trade secrets can take various formats, including:
⦁ Design: Expressing information through specific
designs (e.g., design processes).
⦁ Formulas: Representing a collection of information.
⦁ Patterns.
⦁ Symbols or insignias that uniquely represent the
information.
Characteristics of Trade Secrets:
⦁ Extent of Knowledge Outside the Business: If many people
outside the company know or have access to the
information, it may no longer be a trade secret.
⦁ Measures Taken to Guard Secrecy: Detailed plans to
safeguard the information are essential.
⦁ Value to the Owner and Competitor: The information must
offer a competitive advantage.
⦁ Effort and Investment: The effort and resources invested in
developing or gathering the information matter.
⦁ Ease of Acquisition or Duplication: Difficulty in duplicating
the information enhances its value.

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 Duration:
⦁ Trade secrets have an indefinite life of protection as long as
they remain undisclosed
⦁ Trade market:
⦁ A trademark is a label that identifies a product or service.
⦁ It distinguishes a service or product in the minds of consumers.
⦁ Trademarks can be words, names, pictures, or symbols.

Protection and Preservation:

⦁ Trademarks prevent competitors from using the same or
similar symbols to market their products.
Categories of Trademarks:
⦁ Service Marks: Used in the sale or advertising of services to
uniquely identify them.
⦁ Certification Marks: Verify or authenticate product
characteristics or services .
⦁ Collective Marks: Indicate membership in an organization
or association

Characteristics of Trademarks:
⦁ Recognizable marks enhance product value.
⦁ Trademarks convey information about the intended services
or products.
Trademark Types:
⦁ Arbitrary Marks: Have no direct connection to the product.
⦁ Suggestive Marks: Hint at the product’s nature
⦁ Descriptive Marks: Describe the product directly
⦁ Generic Marks: Common terms that cannot be
trademarked .
Registration and Criteria:
⦁ Trademark applications must provide relevant information.
⦁ Marks are registered if they meet specific criteria and avoid
confusion with similar marks.
A mark is registered as a trademark only if it meets the following
criteria:
1. It must be in good “taste” for the public: not immoral,
deceptive, or illegal.
2. It must not have suggestive connotations to its origin.
3. It must not be a symbol of any recognized country.
4. It must not use people’s likenesses, either after death or if
living, without prior consent.
Duration of trade marks :
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⦁ In Egypt and the US, a valid trademark is protected for 10
years. If an extension is needed it can be granted for
another 10 years.

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Intellectual property crimes:
Intellectual property crimes (IPCs) refer to actions that infringe upon the rights of
intellectual property owners. These crimes encompass various activities,
including:
⦁ Infringement: Unauthorized use of copyrighted material, trademarks, or
patents.
⦁ Counterfeiting: Producing and selling fake or unauthorized copies of
products, such as counterfeit designer goods or pirated software.
⦁ Piracy: Illegally distributing copyrighted content, such as music, movies,
or software, without proper authorization.
⦁ Misappropriation: Unauthorized use of trade secrets or confidential
information.
⦁ Misrepresentation: Providing false information about the origin or quality
of a product.
⦁ Cybercrimes: Intellectual property theft or unauthorized access to digital
content.
⦁ Bribery and Corruption: Offering or accepting bribes to gain access to
intellectual property or trade secrets.
⦁ Espionage: Illegally obtaining confidential information for competitive
advantage.
Technological advances have allowed these crimes to grow

Infringement:
there are three types of Infringement:
1. Direct Infringement:
⦁ An infringer knowingly or unknowingly makes, uses, sells, or
copies a protected item without making any
alterations.
2. Inducement infringement:
⦁ The infringer support infringement activities on a
protected item without individually taking part in.
3. Contributory infringement :
⦁ The infringer takes part in the infringement of a
protected item.
The First Sale Doctrine:
• A copyright owner under the first sale doctrine has the right to distribute
copies of copyrighted materials by means of sale, transfer of ownership, rental,
release, or by any other
means.

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There are four ways to judge whether the use of an invention, discovery, or
work is fair:
1. The purpose of use, whether commercial or educational
2. Nature of use
3. Percentage of use
4. The effect of use on the commercial value of the
invention, discovery, or works

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Protecting Computer Software

Ideas and Algorithms:

⦁ Ideas and algorithms are not owned by anyone and cannot be claimed as
intellectual property.

⦁ Software, although it strictly follows an algorithm, is not considered an

algorithm itself but rather a manifestation or expression of that algorithm.

⦁ Many people can express the same algorithm in different ways, resulting
in different programs that are clear intellectual property and are, therefore,
protectable.

The Problem with Software Protection:

⦁ Computer products, particularly software, are more elusive and present

many problems for those seeking protection under intellectual property
rights (IPR) laws.

⦁ The difficulty with software protection comes from the difficulty in

categorizing it.

⦁ Software piracy is the biggest problem concerning computer software and

IPR. It involves copying, distributing, or using proprietary software illegally.

Protection of Software Under Copyright Laws:

⦁ Software and its accompanying documentation can be protected under

copyright laws.

⦁ The 1980 U.S. Copyright Amendment defines a computer program as "a

set of statements or instructions to be used directly or indirectly in a
computer to bring about a certain result."

⦁ This definition implies that such a set of instructions or statements is a

creative written work, hence a literary work.

⦁ Copyright laws protect the source code, object code, executable codes,
and manuals from illegal copying and piracy.

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Protection of Software Under Patent Laws:

⦁ Patents protect the process of the idea and its implementation as a

machine, manufacturing process, or composition of matter.

⦁ Computer hardware components are naturally protected under patent

laws.

⦁ Software can also be protected under patent laws under certain

conditions, though this is a complex and unsettled issue.

⦁ The requirement for total disclosure in the patent system and the rapid
obsolescence of software make patent protection challenging for software
developers.

Protection of Software Under Trademarks:

⦁ The main purpose of a trademark is to distinguish the product from

competitors.

⦁ Hardware companies and some software companies, such as Microsoft,

protect their trademarks under trademark laws.

⦁ Trademark protection for software relies on the recognition by infringers

that it is difficult to copy, change, or redistribute well-known software,
which is often more effective than legal enforcement.

Protection of Software Under Trade Secrets:

⦁ A trade secret is information about a manifestation of an idea that should

not be disclosed or used for personal gain or to benefit a competitor.

⦁ The development of a computer program involves stages like blueprinting

and flowcharting, which form trade secrets.

⦁ Knowledge of these stages should be protected to prevent easy

replication of the program.

Transnational Issues and Intellectual Property:

⦁ Studies show that businesses in the developed world incur significant

losses due to non-enforcement of IP laws in developing countries.

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⦁ The developed world argues that the lack of IP legislation and
enforcement in some developing countries results in sanctioned piracy,
leading to tens of billions of dollars in annual losses for multinational
corporations.

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