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CSC372-Professional Practices

Week-6 Lecture-10
Semester 7- Fall 2016
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What is Property

 If you have the right to something because you purchased it, was
given it or it come to be your possession in any other way
 We think of possessions as tangible items
 We sometimes think of property as a house, mainly because that
will normally be the most expensive item we buy

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Previous lecture

In last lecture we have learnt

 Introduction to BCS code of conduct

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TWO BROAD CLASSIFICATIONS

 Property is classified as
 Real property
 Personal property

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Real vs Personal

 Real property includes land and whatever is built on the land or

attached to it. It includes buildings like houses, fences, tile lines, and
mineral rights, for example.
 Personal property includes all of someone's property except land
and those interests in land that pass to their heirs.
 Personal property is broken down into tangible property and
intangible property

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Tangible vs Intangible

 Tangible personal property has physical substance and can be

touched, held, and felt. Examples of tangible personal property are
numerous, just a few examples are furniture, vehicles, baseball
cards, cars, comic books, jewelry, and art.
 Intangible personal property includes assets such as bank
accounts, stocks, bonds, insurance policies, patent and retirement
benefit accounts etc.

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Intellectual Property

 Just because something is not tangible it doesnot mean we do not

own it
 Have your ever had a good idea and somebody has tried to
pretend it was their idea. Isnt it annoying !!!
 Intellectual property reffers to the creations of idea, inventions.
Literary and artistic works; and symbol, names and images used in
commerce.

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Intellectual Property

 Intellectual property is a new category of property.

 Intellectual property is handiwork of creative mind
 Under intellectual property law, owners are granted certain
exclusive rights to a variety of intangible assets , such as music,
literary, and artistic works; discoveries and inventions; and words,
phrases, symbols, and designs.

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Categories of Intellectual property

 Intellectual Property is divided into two categories:

 Industrial property, which includes inventions (patents),
trademarks, industrial designs, and geographic indications
of source.
 Copyright, which includes literary and artistic works such
as novels, poems and plays, films, musical works, artistic
works such as drawings, paintings, photographs and
sculptures, and architectural designs. Rights related to
copyright include those of performing artists in their
performances and those of broadcasters in their radio
and television programs

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Cont’d

 Any or all of the copyright owner’s exclusive rights or any subdivision of

those rights may be transferred, but the transfer of exclusive rights is not
valid unless that transfer is in writing and signed by the owner of the rights
conveyed or such owner’s duly authorized agent. Transfer of a right on a
nonexclusive basis does not require a written agreement.

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Why Promote and Protect Intellectual
Property

 The progress and well-being of humanity depends upon capacity

to create and invent new works in the areas of technology and
culture.
 The legal protection of new creations encourages the commitment
of additional resources for further innovation.
 The promotion and protection of intellectual property makes
economic growth, creates new jobs and industries.

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Copyright

 Automatically granted to artists, musicians, authors

 Only protects original work
 Lasts lifetime of aartist
 Artist may have to prove the date of creation

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Cont’d

 literary works
 music
 dramatic works
 pantomimes and choreographic works
 sculptural
 pictorial, and graphic works
 sound recordings
 artistic works
 architectural works
 computer software

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Original

 The term original in the copyright law means that the work
originated with the author.
 There is no requirement for novelty or uniqueness as there is in
patent law.
 Copyright law protects the expression of an idea. Not the idea
itself.

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Registration Process

 Register a copyright by completing a simple application form,

along with the appropriate fee.
 Need not send a copy of your work.
 It may appear with the same title, but if each work has been
created independently, each will have its own copyright
protection.

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Patents

 Patents protect the features and process that make things work.
This lets inventors profit from their inventions
 Permits and owner to exclude the public from making, using, or
selling the protected invention
 Allows legal actions againts the violators

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Patentable Subject Matter

 Invention
 Relates to Product or Process or Both
 Involves an Inventive step
 Be Capable of Industrial Application

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Life and Duration

 Term of the patent is 20 years from the date of filing for all types of
inventions.
 Priority date-first to file
 The date of patent is the date of filing the application for patent
 The term patent is countedt from this date

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Patent must be

 New, not known anywhere in the world prior to filing

 Have an inventive step, not obvious or a simple adaptation or
combination of existing products
 Be capable of industrial application, having a technical effetc.
 Normally to do with technology

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Trademarks

 What is a trademark?
 A trade is a sign which can distinguish goods and services from those of
competitors
 It can be for example words, logos or a combination of both
 The windows sound and the nokia ring tone

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Trademark

 Used to protect slogans and images

 Protects the brand
 Lasts 10 yeears
 Can be renewed
 Approximately £200 with in UK
 Trademarks can be used as a marketing tool so that customers can
recognise your products or services

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Trademark

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Trademarks
Name

Logotype

Symbol

Slogan

Shape

Color
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Infringement

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Infringement

 Any reproduction, use , distribution, performance, etc. of the work

without the permission of the owner.
 An identical or substantial similar reproduction is also covered

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Patent Infringement

 A suit can lie in the District or High court

 It may issue an injunction either to prevent the infringer from any further
use & award damages to the patent owner or will pay the patent owner
royalties for further use.

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Trademark

 Punishment extends from 6months to 3 years

 A permanent ban on engaging in commercial activities

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Copyright Infringement

 A suit can lie in the district court or in a high court u/s 63 of the
copyright act, 1957
 Punishable with imprisonment upto 3 years and fined as per the
claims.

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“...but i didn’t know!”

 Called “Innocent Infringement”

 Occurs when infringer was unaware that things were Protected.
 No excuse if work properly displays..
▪ “Patent”

▪ Trademark symbol: ®, TM, SM

▪ Copyright notice: © + name + year

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