Protecting Intellectual Property IP Evan Kuenzli Grant Miller

Protecting Intellectual Property (IP) Evan Kuenzli Grant Miller

Preview n n n n n History and Definition of IP Forms of IP protection IP laws, enforcement IP Loss Statistics Theft Trends Digital Rights Management (DRM); Enterprise Digital Rights Management (EDRM) Information Search Case Study Questions

IP: The Beginning n n n The actual term it’s self was first seen in an Oct. 1845 Mass. Circuit Court ruling World Intellectual Property Organization established in 1967 IP is not a stated term in any U. S. Copyright Statutes. Rather “Exclusive Rights”

IP: Definition n As defined by Article 2, section (viii), of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967, "intellectual property" shall include the rights relating to: literary, artistic and scientific works, performances of performing artists, phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, industrial designs, trademarks, service marks, and commercial names and designations, protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. " -According to the USTPO website

Patent n n Grants property right to the individual You get the right to exclude others from making, using, making for sale , or selling you creation Limited time frame Ex. Pharmaceutical Industry

Copyright n n Protects form of expression rather then subject matter “original works of authorship” literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished Ex. Instruction manual

Trademark n n n Unlimited life span with renewal Protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and indicate the source of the goods Ex. Wal-Mart name

Trade secret n n n It’s just that, a secret Any formula, pattern, compilation, program, device, method, technique or process that is used in one's business, and has independent economic value that provides an advantage over competitors who are not aware of it or use it Ex. Having the first of a new machine

Enforcement n n Majority of IP law is federal law Right hold must file the action in order for enforcement to begin Most cases are private civil actions Only good for the country in which its registered

Percentage increase in counterfeit items seized from 2003 to 2004 n n n n Computer hardware 899% Electronic Equipment 707% Food items and alcohol 197% Clothing and accessories 102% Toys and games 47% Perfumes and cosmetics 22% Watches and jewelry 27% Audio CDs and DVDs 43%

Recent trends in IP theft n n n Today piracy and counterfeiting affect a huge spectrum of different goods In the past it was usually high end brands that were targeted Types of goods counterfeited are constantly changing

Digital Rights Management n n Digital Rights Management Technologies attempt to control use of digital media Prevents access, copying, or conversion by end users to other formats In the past, analog media inevitably lost quality with each copy Digital media may be copied unlimited number of times with out losing quality

Enterprise Digital Rights Management n n n EDRM protects sensitive information by managing and enforcing access and usage rights to the information EDRM uses Display Only File Servers (DOFS) to make sure that the information does not leave a protected server DOFS gives insiders the right to read/write secure info but not to remove it from server

Enterprise Digital Rights Management n n n Insider attacks are one of the most important cyber-security threats to corporate America Information theft is potentially most damaging in terms of potential financial loss In most cases attacker has proper authority to access information

Enterprise Digital Rights Management n n n As of 2005 only 9% of large enterprises had implemented an EDRM system An additional 18% had plans to implement one within the next year However almost 75% of large enterprises were aware of the concept

Other EDRM facts n n The cost to implement EDRM was top concern of companies who hadn’t done so yet The most important features of EDRM is ability to track documents and E mails as well as ability to control user access

Information Search n n It was easy to find definitions of the terms that we needed. Wikipedia, etc. Easy to find basic information about IP and DRM Easy to find some information on who enforce the laws Easy to find piracy information

Information Search n n n It was really difficult to find information about recent trends in IP It was also hard to find relevant information about IP in America There was plenty of information about IP in foreign countries but that was not our focus

Case Study n n n Groups of 4 -5 Has she done anything wrong? If so, what do you think she should have done?

Sources n n n http: //en. wikipedia. org/wiki/Intellectual_pr operty http: //en. wikipedia. org/wiki/Digital_rights_ management http: //www. uspto. gov/smallbusiness/abou t/faq. html

Questions