Law for New Zealand

Business week 8

Intellectual property as a special

class of property right

l4nzbweek 8 1
 Why treat this separately?
The importance of knowledge
See
New Zealand Motoring News - - Running hot
Major issue for business in the future is
managing and protecting knowledge-
why?
 Exploitation
is a major income stream
 Ephemeral nature

l4nzbweek 8 2
Intellectual Property- history
Protection is not a recent phenomenon, ever
since the advent of the printed word
However, means of storage of information
and uses of information have expanded
exponentially, particularly since:
 Industrialisation
 computerisation

l4nzbweek 8 3
 What then are the major
issues?
Ownership of knowledge
Exploitation of knowledge
What can be “owned”
 Life? (cloning, genetic engineering, mental
processes)
 Inherited and accumulated lore?
(traditional medicines, food, processes)

l4nzbweek 8 4
 Have a look at:
Biopiracy
and Intellectual Property Rights

l4nzbweek 8 5
 How does New Zealand
approach the issue of
intellectual property?
Categories of rights and rules under the
international agreement on Trade-Related
aspects of Intellectual Property rights (TRIPS)
 Copyright
 Trade marks
 Geographical indications
 Industrial designs
 Patents
 Layout designs
 Protection of confidential information
l4nzbweek 8 6
Have a look at the agreement
It also defines the various terms:WTO
| intellectual property - overview of TRIPS Ag
What do they cover?

l4nzbweek 8 7
 Copyright
Copyright Act 1994- coverage
 Protects the form and appearance of certain
“works”- not the ideas behind the works
 Can be artistic (books, games, articles, movies, tv
programmes, computer programs, pictures, sound
recordings, music, arrangements)
 Can be “industrial” or “commercial” (sets of
instructions, computer programs, databases)

l4nzbweek 8 8
 Copyright
Protection
 No registration or notice is required
 Time is limited- depends on the status and
nature of the work
 Unpublished artistic work: 50 years from death
 Published artistic work other than typographical
arrangement: 50 years from publication
 Published typographical work: 25 years

 Work used for industrial purpose: 16 years

l4nzbweek 8 9
How important is copyright?
Growing importance in the computer
area-
 Presentation of information on web site
 New Zealand Motoring News - - <i>Ask the expert:</i>
 Cf this:\\WAKA

_STF2_SERVER\STF2\USERS\P\PIWELLS
\data\dishonest copyPip Wells.doc

l4nzbweek 8 10
 and
Look and feel of computer programs
and images
 Icons,display, instructions, data
processing

l4nzbweek 8 11
 Problem
File sharing- if a person downloads from
a site and then “shares” with others, to
what extent is that affected by the law
relating to intellectual property?
Becoming a major issue for holders of
copyrighted material particularly music-
eg Napster

l4nzbweek 8 12
Why has this problem become
worse with computerisation?
Numbers of potential recipients
Problem of information transfer-
different styles of thinking
Education/understanding
Geographic boundaries become less
important

l4nzbweek 8 13
Goes wider than just an issue
over copyright- social issues
as well- egs of recent issues
Yahoo Defies Court Ruling Over Nazi Memor
New Zealand News - Technology - Employer

l4nzbweek 8 14
 And outside the area of
computers
Academic photocopying
Recording off DVDs, CDs, tapes and
television programmes

l4nzbweek 8 15
 Nb some exemptions
Single copies for research
Where subject to royalty agreements
Incidental copying (nb product
placement!)

l4nzbweek 8 16
 Trademarks
Trademarks Act 1953
 Protects
the commercial value of a
trademark against misuse, particularly
passing off and under ss9 and 16 Fair
Trading Act 1986
 Graphic representation
 Distinguishes products from those of others
 Nb. Problem of ensuring that it does not become a
generic term- cellophane, aspirin have lost rights to
name

l4nzbweek 8 17
How important is trademark
law?
In the computer area- particularly with
the growth of the internet
 Issue of domain name protection
 CNN.com - Technology - Australia calls for domain na
 Globalisation too has had an effect- eg

question of Harrods

l4nzbweek 8 18
 Related to the question of
brands and branding
Values of brands cannot be overstated-

See BusinessWeek
Online: 2002 Global Brand Scoreboard

l4nzbweek 8 19
 Patent
Patents Act 1953
 Covers “inventions”- question of how
broadly this can be defined
 Provides a statutory monopoly for 20 years
 Must be registered- first registered, first
right (subject to questions of fraud and
sabotage)
 Can be New Zealand or world-wide
 Example: xerox

l4nzbweek 8 20
 Geographical Indications
Geographical Indications Act 1994 (not
yet in force)
 Idea
that regions are perceived as
connected to products- wines
 WTO
MEMBERS DIVIDED OVER GEOGRAPHICAL I

l4nzbweek 8 21
 Industrial designs
Copyright Act and Designs Act 1953
Designs Act relates to aesthetics
 Retrotoaster
 Ergonomic furniture

l4nzbweek 8 22
 Layout Designs
Layout Designs Act 1994
Principally computers- integrated
circuits

l4nzbweek 8 23
 Protection of confidential
information
Confidentiality and trade secrets
Employees and competitors
Legal action may follow breach- Breach of
Confidence (Coca Cola recipe)
Question: how do you protect information?
 Contracts in Restraint of Trade
 Employment contracts
 Profit-sharing agreement
 Chinese walls
 see Compaq.com - Code of Conduct

l4nzbweek 8 24
How can you take advantage
of rights?
Sale
Licensing
Franchise
Leasing
Claim royalties after the event- question
of success- http://www.usatoday
.com/tech/news/2002/02/07/patent-suit.
htm
l4nzbweek 8 25
What sort of legal remedies
are available?
Depends on what sort of right is being
claimed
Also may take actions in passing off or
under the Fair Trading Act (misleading
or deceptive conduct, false statements)
Problems: can you take on someone
large and international and win???
(imagine suing Microsoft for example)

l4nzbweek 8 26
But hang on-why should you
protect knowledge?
Is it not a public good anyway (nb the matter
of traditional knowledge)?
Is it something that should be in the private
preserve?
 UofT
G8 Information Centre: G8 Online Lectures 2002
 Other perspective- knowledge cf information
 Knowledge is a subset, situation specific, of information
 Knowledge is specific and related to discipline

 Knowledge related to awareness and education

 Knowledge related to power

l4nzbweek 8 27
 Summary
Intellectual property is increasingly important
in this technological age
Theoretically there is no limit to knowledge
It is necessary for society to encourage
innovation through new applications of
knowledge
The legal regime is designed to encourage
that innovation but also allow its
dissemination – some debate over whether
this is achieved
l4nzbweek 8 28