It is a term to describe works of the mind such as art, books, films, formulas, inventions, music, and processes-that are distinct, and owned or created by a single person or group. Intellectual property is protected through copyright, patent, and trade secret laws.
When you have a good idea for a product or service, there will always be people who will want to copy your success and sell your ideas as their own. It depends on individual circumstances; you can use patents, trademarks or copyrights all of which cover different areas of intellectual property.
These can be used to keep safe from competitors or anyone else from using your ideas for their own profit without your consent.
If you are in small business, its very important to keep your products and service safe because competitors can use your success to take market share, resulting in slow growth or loss of revenue. Losing market share early on in a businesss development can be terrible and time consuming.
Its vital to keep in mind that no one else will check to see if your intellectual property has been diminished; its your responsibility to ensure that no one else is using your assets.
It may seem initially time consuming, but protecting your Intellectual property is well worth the time and effort and isnt as difficult as you may think. Whilst you cannot keep safe an idea itself, can protect the means by which you put the idea into operation and this is what you would protect using Intellectual Property (IP).
?What are the strengths and limitations of using copyrights, patents, and
trade secret laws to protect intellectual property?
Right to Authorize – These rights include the right to give authority others to produce or reproduce your work as well as the right broadcast your work.
Protection – Copyright keep safe your work from being stolen or misused by others.
Moral Rights – Copyright give permission to the holder of the copyright to object to uses of their work that they find morally objectionable.
Free-For copyright, there is no actual registration procedure to follow because protection is free and automatic. Although copyright does not actually protect an idea itself, it keep safe the way the idea has been represented – for example brochures, presentations, websites, flyers etc.
Inability to Share Work – Copyrights key pros is also its primary cons. Copyright does not give permission you to openly permit others to use your work or to distribute it, even if they are not doing it for profit. This can mean that your work is spread slowly or not at all.
Authorship is not Ownership – You must own the copyright to be able to exercise the rights that it grants, and just being the developer of the work does not always guarantee ownership. In some cases the owner is really the person who commissioned the work, or the company for whom the work was produced.
Monopolistic nature-Patents keep safe a design of something functional or utilized. The government provides patent owners with monopoly safety for up to the statutory life of the patent. The monopolistic nature creates a duplicate market limitation or shortage in the market for technology that embodies the claims of the patent. Artificial limitations to the market give permission to the patent owner to raise prices higher than the market clearing price, providing the patent owner with abnormal profits.
Superior rights-patents offer superior rights when willful infringement does take place. Under 35 U.S.C. §284, the patent owner may get damages for infringement that a competent authority determines as willful. Of course, the economics of such a proposition are real. If the court finds a competitor has willfully diminished and that infringement created damages, then the patent owner would be entitled to damages from the competitor.
Expensive-patents are costly to acquire, oftentimes costing tens of thousands of dollars to prosecute. Costs involve direct costs for legal amenities as well as soft costs (i.e., an inventors time) to describe the technology to the patent attorney and patent offices. These costs increase radically if the application includes foreign jurisdictions.
Short economic life-Patents provide for simply a relatively short economic life compared with other Intellectual Property types. The statutory life for a patent is 20 years from the initial effective filing date of the patent application. Since the earliest effective filing date is the trigger point for starting the statutory clock, patents are unique among IP types in that the award process consumes a important portion of the patents economic life. This has administrative and cost impacts.
Exchange for the monopoly protection-the government requires that the inventor reveal the exact nature of the inventions described in patents, including how the inven tions work, what problems the inventions address, and how the designs differ in a novel way from prior art. Of course, the disadvantage to this disclosure requirement is that competitors have exact and specific knowledge of how inventions described within the patents work, which makes it easy for those competitors to use the designs without fear of legal repercussions in jurisdictions that do not have patent protec tion
No time limitations-There are no time boundaries on the protection of trade secrets, unlike patents and copyrights
No need to file application-There is no need to file any application or otherwise reveal a trade secret to outsiders to gain a protection
No risk-There is no risk that a trade secret might be found unacceptable in court
Cheap-trade secrets are generally easy and low-cost to create. Trade secrets need no formal registration or approval process with a regulatory entity, which is common for copyrights, trademarks, and patents
Less prevention- nothing prevents one from independently deriving the same design for an discovery protected with a trade secret. The fact that oth ers can separately develop the same or similar design allows a competitor the possibility to design a competing product that is the same or substantially similar, patent it, and then slab the original inventor from selling embodiment of the trade secret in the open market.
Require diligent attention-trade secrets need diligent attention to the administration and enforcement of non-competition and nondisclosure agreements, the marking of documents, limiting information access, and consistent enforcement. Administratively, tending to agreement administration can be cumber some and exclusive to enforce.
No formal federal protections-trade secrets be given no formal federal protections like a patent, copyright, or trademark does. Thus, the jurisdiction for a trade secret lawsuit will normally vary by the state where a company transacts its business and any governing law clauses in trade secret owner agreements.
? What is plagiarism, and what can be done to combat it?
Plagiarism is the act of deception or stealing someones idea or words and passing them off as ones own. Plagiarism is considered as academic dishonesty.
Following are points how we control plagiarism
illustrate students how to document Web pages and materials from online databases.
Schedule major writing assignments so that portions are due over the course of the term, thus reducing the possibility that students will get into a time crunch and be tempted to plagiarize to meet the deadline.
Make clear to students that instructors are conscious of Internet paper mills.
Ensure that instructors both educate students about plagiarism finding services and make students aware that they know how to use these services.
include detection software and services into a comprehensive ant plagiarism program.
?What is reverse engineering, and what issues are associated with
applying it to create a lookalike of a competitors software program?
Reverse engineering is the process of taking something apart in order to understand it, build a copy of it, or get better it. Reverse engineering was originally applied to computer hardware but is now usually applied to software as well. Reverse engineering of software involves analyzing it to make a new representation of the system in a different form or at a higher level of abstraction. Frequently, reverse engineering begins by extracting design stage details from program code. Design-stage facts about an information system are more conceptual and less defined than the program code of the same system.
Typically the way reverse-engineering works is you have one team that looks at the original technology, which squeezes as much detail out of it as they can, recounting how it works in documentation, without revealing any of the actual mechanics that are used to make it work. They generate their own version off of the description. The idea being that the work-alike technology will be an original work that works like what theyre trying to copy, without being a mere copy of the unique mechanism. This way only gets you around copyright law, though. These days, patents also have to be careful, and that takes more research in trying to not copy someone elses idea, because even if you dont copy the original mechanism, your own implementation may still violate someone else patent, even if you never looked at the idea before implementing it. So, the lawful pitfalls take some work to get around.
?What is open source code, and what is the fundamental premise behind
Open source code is any program whose source code is made accessible for use or adjustment, as users or other developers see fit. The basic premise behind open source code is that when many programmers can read, reorder, and modify a programs code, the software improves. Programs with open source code can be modified to meet new needs, and bugs can be rapidly identified and fixed. Open source code advocates consider that this process produces better software than the traditional closed model.
Training- other people like open source software because it helps them become improved programmers. Because open source code is publicly easy to get to, students can easily study it as they learn to make better software. Students can also divide their work with others, inviting comment and critique, as they develop their skills. When people find out mistakes in programs’ source code, they can share those mistakes with others to help them avoid making those same mistakes themselves.
Security-Some people wish open source software because they consider it more secure and stable than proprietary software. Because anyone can view and get used to open source software, someone might spot and accurate errors or omissions that a program’s original authors might have missed. Also, in light of the fact that such a large number of developers can chip away at a bit of open source programming without requesting authorization from unique creators, they can fix, refresh, and update open source programming more rapidly than they can exclusive programming.
Stability- Many users favor open source software to proprietary software for important, long-term projects. Since developers freely bargain out the source code for open source programming, clients depending on that product for basic assignments can be sure their instruments won’t vanish or fall into decay if their unique makers quit taking a shot at them. Moreover, open source programming keeps an eye on both fit in and work as indicated by open models.
Control- Many people favor open source software because they have more manage over that kind of software. They can take a gander at the code to ensure it’s not doing anything they don’t need it to do, and they can adjust parts of it they don’t care for. Clients who aren’t developers likewise benefit from open source programming, since they can utilize this product for any reason they wish-not just the another person supposes they should.
What is the essential difference between competitive intelligence and
industrial espionage, and how is competitive intelligence gathered?
Aggressive Intelligence is viewed as a solid and legitimate business practice. Not at all like a couple of decades prior, has the market for merchandise turned out to be exceedingly focused. There are several organizations fabricating a similar item just with a somewhat extraordinary structure and a couple included highlights. In the event that a business needs to endure this challenge, it is essential that it keeps itself side by side with data about its rivals. This is the place focused insight comes in.
Aggressive insight is a moral strategy for social event, overseeing and investigating data about one’s rivals. The procedure is certifiably not a hidden one. The required data is gathered from open sources including exchange occasions, corporate productions, patent filings, organization sites and news notices. The data that is assembled is utilized to the benefit of their business. Focused insight is progressively similar to statistical surveying.
Corporate Espionage is considered exploitative and illicit. This is the sort we get the opportunity to find in motion pictures and read about in books. The target of corporate undercover work is to get private and classified data about a business association. The procedure is illicit first in view of the data that is exchanged out and second in light of the techniques used to do likewise.
In contrast to focused knowledge, it includes getting imperative prized formulas utilizing dark cap systems. Either the data is stolen or is gotten by paying off a worker working with the association. This worker is generally an individual who holds a place of power and has boundless access to the organization’s private data. At times these best dimension workers are coerced to get the data.
The sort of data typically looked for incorporates item structures, producing procedures, trademark formulas and equations, deals and advertising systems, valuing, client information, R&D methodologies and friends arrangements not publically accessible. They may likewise endeavor to get data about organization offers in different tasks.
Corporate secret activities are fundamentally spying and for the most part happen between companies while CI includes following moral business standards and pursues lawful rules. There is anyway one closeness that we will in general neglect between the two it is managed without the information of the objective organization. Companies can utilize both aggressive insight and corporate secret activities to maintain their business.
?What is cyber squatting, and what strategy should be used to protect an
Cyber squatting refers to prohibited domain name registration or use. Cyber squatting can have a few different variations, but its primary purpose is to pinch or misspell a domain name in order to profit from an increase in website visits, which otherwise would not be promising. Trademark or copyright holders may waste to re-register their space names, and by overlooking this essential refresh, digital squatters can without much of a stretch take area names. Cyber squatting also includes advertisers who mimic domain names that are alike to popular, highly trafficked websites. Cyber squatting is one of quite a few types of cybercrimes. Cyber squatting is also recognized as domain squatting. Cyber squatters record domain names for famous trademarks or company names to which they have no connection, with the hope that trademarks owner will finally buy the domain name for a large sum of money. The main tactic organizations use to circumvent cyber squatting is to defend trademark by registering numerous domain names and variations as soon as they know they want to develop a Web presence
Strategies to protect organization from cyber squatting
(1) Be Proactive:
Companies should powerfully acquire trademark registrations for their company name, primary trademarks and brands, social media usernames, handles, and pages. Later, a company should also register their usernames with the top social media sites. Proactive trademark and social media registration of a companys brands and trademarks can help to lessen loss and accelerate the process of restoring mark ownership, in the event of IP theft or infringement.
(2) Implement a Social Media Policy:
It is also highly optional for brands to develop and apply a social media policy, which sets the boundaries for company and employee interaction on social media. Essentially, this policy should facilitate brand management, guide online communication to consumers, and ensure that posted content is reliable with the brands principles. Additionally, this policy should:
(a) Assign a brand spokesperson(s) or team to symbolize the company online and interact with customers;
(b) Develop an approval process for posts and ownership guiding principle for user-generated content;
(c) Monitor social activity, identify deceitful brands, and enforce rights;
(d) apply employee agreements that include statements about social media use, confidentiality, and non-disclosure clauses, as well as offer employee training regarding online conduct and the value of the brands IP rights; and
(e) Build up a protocol to address IP infringement, brand mismanagement, and other social media crises.
(3) Secure Control of Passwords:
Implementing a security calculate to protect social media accounts is vital to prevent brand jacking and other unauthorized uses of social media. A company often employs a password-saving feature or maintains a easy spreadsheet to store passwords. Rather, companies should think using password managers that can securely share login information between multiple users, and enforcing multi-factor authentication methods for account access.
(4) Maintain a Backup for IP Assets:
Conducting a regular back up of content posted to social media sites is just as vital as conducting a back up of the companys computer hard drive. While there is a guess that material uploaded to the internet becomes stable, a site may suddenly shut down or experience a data loss, with no obligation to get better a users content. Without a backup system, valuable IP is at risk of total loss.
(5) Establish a Complaint Center:
Generally, the social media platform will punish a user for infringement or misuse by removing the infringing satisfied or suspending the users profile. The leading outlets, such as Facebook, Twitter, LinkedIn, and YouTube have posted widespread policies on their sites to combat IP infringement. However, it might be cooperative for these outlets to take it one step further and establish a convenient online depot for users to provide notice of IP infringement