please help?

Question

ANY MATERIAL ON 'INTELLICTUAL PROPERTY RIGHTS'?

Answer 1

Intellectual Property Rights Overview

What is new, where are related resources, etc.
Version 0.0: June 4, 1997

Introduction
Does the nature of the technology require us to change the legal understanding or status of copyright as it stands now? What rights should be associated with Web content? How should the rights be expressed, and should the expression of the rights be used for notification, enforcement, or payment negotiation? We expect the answer to these questions does not lie solely in technology nor policy, but the rational combination of both.

The W3C Intellectual Property Rights Activity Page describes how the W3C is addressing these questions.

Drafts, White-papers, and Presentations
draft-reagle-pics-copyright-00.txt demonstrates the use of the PICS protocol as a mechanism for expressing intellectual property rights.
A position paper on Intellectual Property Rights Management for a NRC/CSTB/Trustworthiness Panel.
In the News
Intellectual property rights (IPR) and the Web are newsworthy topics, such stories from 1996 include:

Proposals from many countries (EU and US) on IPR reform in the context of digital networks are hotly contested.
Content companies fear new technologies will result in lost revenue, and technology companies fear IPR reform proposals will cripple the Net. "Online giants accused of copyright scaremongering," GENEVA (Reuter), Tuesday, 12/17/96.
National representatives from all over the world met in December of 1996 at a WIPO conference to update the international framework for the protection of music, literary works, and databases.
A number of significant lawsuits have been filed against users and ISPs on the basis of contributory infringement (where an ISP allows its users to publish pirated software, serial numbers, and cracking utilities, or even links to other sites with such material!)
Cases of newspapers suing others that link to them, or news services that link to others while keeping their own banner-laden frames on the screen are pressing our understanding of the technology and the related policy beyond the scope of what their originators' conceived.
IPR Products/Projects
IDDN - Inter Deposit Digital Number

NetRights Goals

IBM Cryptolope

IPR Issues and Resources
Copyright Infringement
Issues Copyright has been the focus of protecting intellectual property on the Internet. As such, there have been both technological (IPR/encryption wrappers) and legislative efforts to continue incentives for authors to create useful works. Recent initiatives have been at the international level include at the OECD, and a conference (Dec. 96) hosted by the World Intellectual Property Organization (WIPO).
Resources Basics of Copyright
Copyright Resource Page
INTERNATIONAL LAW Government Agencies
The EU Green Paper in IPR
EFG Intellectual Property Page
Cryptolopes
Liability Based on Traditional Forum Analogy
Intellectual Property Implications of WTO and NAFTA
Online Service Operator and Provider Liability for Contributory Infringement Is Still Uncertain

Link Liability (Contributory Copyright Infringement)
Issues Contributory infringement (and the consequential liability) is one of the most contentious areas of the copyright debate. For instance, is an ISP liable for contributory infringement when it allows its users to link to hacker sites? If an ISP closed a user's account when informed by an IP owner, would the ISP be liable for the violation of civil rights or breach of contract?
Resources Ausweb97-Culture-Trapping the Web.
Battle Sites: Online Service Operator and Provider Liability for Contributory Infringement Is Still Uncertain
Computer Information Systems Law and System Operator Liability in 1995
War in the Shetlands! - Internet Style (Shetland News and. Shetland Times)
Christian Science Monitor Op-Ed on Links (Shetland News and Shetland Times)
The Shetland News Appeal on Links and Copyright and Shetland Times Statement on Links and Copyright (Shetland News and Shetland Times)
'Hot Link' Lawsuit Worries High-Tech Industry (Ticketmaster and Microsoft)
CNNfn - Titans battle over content (Ticketmaster and Microsoft)
Para-Site Draws Ire, Suit from News Giants (CNN, Dow Jones, Time Warner, Times-Mirror, The Washington Post Company, Reuters and TotalNEWS)
Media, sue thyself (CNN and TotalNEWS)
SPA Files Copyright Suits Against ISPs and End Users
Lawsuit Dropped: SPA Still Demands Monitoring

Domain Name Registration (Trademarks)
Issues The issuance of trade marks was not conceived of in the context of a global view. Hence, a number of recent controversies have occurred with respect to large trademark holders pursuing smaller pre-existing "ma & pa" sites. Also, some companies have purchased domain names related to competitor's names in order to make it more difficult for the competitor to enter the online market. Others are purchasing domain names for their resale value (stockpiling).
Resources InterNIC is not a Net cop
Trademarks and DNS
Domain Name Legal Bibliography
Remedies in Internet Domain Name Trademark Lawsuits

Font Protection
Issues Owners of fonts want to distribute them for different purposes at different prices. They fear that freely distributing fonts for reading documents might allow people to author documents without paying for additional rights such as redistribution. Neither a purely legal nor purely technical solution is likely to be successful.
Resources Are Fonts Copyrightable - Copyright FAQ
Font Discussion and Protecting Embedded Fonts
OpenType Initiative
The Font Meeting at W5, Paris

Caching
Issues Bandwidth on the network is limited, and continues to be so. The traditional technical solution , caching, is to allow copies to be saved at distributed points throughout the network. However, caching raises two issues. First, cached copies can be out of date yet still contain information which is time sensitive (such as prices or stock quotes). Second, some Web sites derive revenue based on the amount and kind of access to their servers, and they currently have no verifiable way of counting the number of accesses to their documents cached elsewhere on the network.
Resources CACHING ON THE INTERNET
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Intellectual Property Rights Policy

CafePress.com provides an automated internet-based service to users, which they use to design and sell merchandise. We contractually prohibit our users from using the service to sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
Identification of the copyright, trademark or other rights that have been allegedly infringed.
The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise. Note: A store URL is www.cafepress.com/storeid. Simply including www.cafepress.com is not sufficient to identify what you are objecting to; we use the "storeid" part of the URL to identify the user.
Your name, address, telephone number and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Our Intellectual Property Rights Agent is Candice Carr, who may reached by mail, email, telephone or fax as follows:

CafePress.com
Attn: Candice Carr
Intellectual Property Rights Agent
950 Tower Lane
Suite 600
Foster City, CA 94404

Email: [e-mail]
Telephone: [phone]
Fax: [phone]
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WHAT IS INTELLECTUAL PROPERTY?
By Thomas G. Field Jr.


The cover for the original sheet music for "Rum and Coca-Cola," before Lionel Belasco's publisher won his lawsuit. (The Popular American Sheet Music Collection, Miller Nichols Library Special Collections, University of Missouri–Kansas City)

THE BOTTOM LINE

"Rum and Coca-Cola," perhaps the best-known Calypso song of all time, became a big hit for the Andrews Sisters in the 1940s. It also sparked a famous U.S. court case brought to establish the authorship of Trinidad musician Lionel Belasco, who had written the song several decades earlier under the title "L'Année Passée." The lawyer acting for the man who published Belasco's original score proved to the court that "Rum and Coca-Cola" was the Creole musician's work and no one else's.

Belasco won recognition for his creation and also received compensation for the unauthorized use of his work because the United States has laws that protect the intellectual property of talented individuals like him and enforces those laws against those who would violate them. If his publisher had sued in a country with weak or non-existent protections, Belasco's search for recognition and compensation would not have had a happy ending.

WHAT IS INTELLECTUAL PROPERTY?


Intellectual property symbols in the United States: copyright (©), registered trademark (®), and trademark (TM). (Geoff Brigthling/Getty Images)

Why do countries such as the United States, Japan, and The Netherlands protect inventions; literary and artistic works; and symbols, images, names, and designs used in commerce: the information and original expressions of creative individuals known as intellectual property (IP)? They do so because they know safeguarding these property rights fosters economic growth, provides incentives for technological innovation, and attracts investment that will create new jobs and opportunities for all their citizens. The World Bank's Global Economic Prospects Report for 2002 confirmed the growing importance of intellectual property for today's globalized economies, finding that "across the range of income levels, intellectual property rights (IPR) are associated with greater trade and foreign direct investment flows, which in turn translate into faster rates of economic growth."

In the United States alone, for example, studies in the past decade have estimated that over 50 percent of U.S. exports now depend on some form of intellectual property protection, compared to less then 10 percent 50 years ago.

Intellectually or artistically gifted people have the right to prevent the unauthorized use or sale of their creations, just the same as owners of physical property, such as cars, buildings, and stores. Yet, compared to makers of chairs, refrigerators, and other tangible goods, people whose work is essentially intangible face more difficulties in earning a living if their claim to their creations is not respected. Artists, authors, inventors, and others unable to rely on locks and fences to protect their work turn to IP rights to keep others from harvesting the fruits of their labor.

Beyond making it possible for innovators and artists to be compensated fairly and for countries to attract foreign investment and technology, intellectual property protection is critical to consumers. Most advances in transportation, communications, agriculture, and health care would not exist without strong IP support.

Increased recognition and support of intellectual property also has much to do with the rapidly rising standards of living in countries like China and India. Just a few years ago, India was losing the battle to retain the best and the brightest of its engineers and computer scientists. The lack of protection for their intellectual property was forcing those scientists and technicians to emigrate to countries where their hard work could be protected and kept safe from unfair exploitation by competitors seeking easy advantages. The Indian Parliament finally passed a law in 1999 to protect the intellectual creations of its computer scientists. The result: a burgeoning high-tech industry producing some of the world's most advanced software and employing thousands of workers who might otherwise have left India for more lucrative parts of the world.

KEY FORMS OF INTELLECTUAL PROPERTY

The key forms of intellectual property are patents, copyrights, trademarks, and trade secrets. Because intellectual property shares many of the characteristics of real and personal property, associated rights permit intellectual property to be treated as an asset that can be bought, sold, licensed, or even given away at no cost. IP laws enable owners, inventors, and creators to protect their property from unauthorized uses.


The works of composers, writers, and choreographers -- such as Martha Graham, the renowned American dancer -- are protected by copyright laws. Here, her company performs Night Journey. (AP/WWP)


Legendary blues master B.B. King, left: His recorded performances are copyrighted, as is most of the music he plays. (AP/WWP)


Chairman of Open Port Technology, Inc., Randy Storch holds a patent granted to his company for least-cost routing (LCR) Internet technology. (AP/WWP)


The California Institute of Technology profits from its patents for the NASA rovers by licensing their image to toymaker Lego. (AP/WWP)


Barbie? is one of toymaker Mattel's most successful trademarks. (AP/WWP)


The "recipes" for making Pepsi or Coke constitute trade secrets closely held by the Coca-Cola and Pepsi companies. (AP/WWP)

Copyright

Copyright is a legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyrights offer essentially the only protection for music, films, novels, poems, architecture, and other works of cultural value. As artists and creators have developed new forms of expression, these categories have expanded to include them. Computer programs and sound recordings are now protected, too.

Copyrights also endure much longer than some other forms of IP. The Berne Convention, the 1886 international agreement under which signatory states recognize each other's copyrighted works, mandates that the period of copyright protection cover the life of the author plus 50 years. Under the Berne Convention, literary, artistic, and other qualifying works are protected by copyright as soon as they exist. No formal registration is needed to protect them in the countries party to that convention.

However, the Berne Convention permits copyright to be conditioned, as it is in the United States, upon a work having been created in fixed form. Also, many countries have national copyright centers to administer their copyright systems. In the United States, for example, the Constitution gives Congress the power to enact laws establishing a system of copyright, and this system is administered by the Library of Congress' Copyright Office.

The U.S. Copyright Office serves as a place where claims to copyright are registered and where documents relating to copyright may be recorded when the requirements of the U.S. copyright law are met. For all works, however -- even foreign ones -- prompt U.S. registration confers important remedial advantages at little cost.

Ready access to those remedies has spawned enormous U.S. entertainment industries. According to the 2004 edition of Copyright Industries in the U.S. Economy, by Stephen Siwek, the "core" U.S. copyright industries accounted for 6 percent of the U.S. Gross Domestic Product, or $626.2 billion, in 2002. The report defines "core" copyright industries as newspapers, book publishing, recording, music, periodicals, motion pictures, radio and TV broadcasts, and computer software. In the 2004 report, bookstores and newsstands were added to "core" industries.

Only an author or those deriving their rights through the author -- a publisher, for instance -- can rightfully claim copyright. Regardless of who holds them, however, rights are limited. In the United States, for example, strangers may reproduce a portion of works for purposes of scholarship, criticism, news reporting, or teaching. Similar "fair use" provisions exist in other countries, too. The scope of this exception is discussed in more detail in the article "What Is 'Fair Use'?"

Copyright protects arrangements of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patents.

Patents

One might say that a patent is a contract between society as a whole and an individual inventor. Under the terms of this social contract, the inventor is given the exclusive right to prevent others from making, using, and selling a patented invention for a fixed period of time -- in most countries, for up to 20 years -- in return for the inventor's disclosing the details of the invention to the public.

Many products would not exist without patent protection, especially those that require substantial investments but, once sold, can be easily duplicated by competitors. At least since 1474, when first granted by the Republic of Venice, patent protection has encouraged the development and distribution of new technologies.

When patents are not available, technology is closely held. If inventors had to rely on secrecy to protect their inventions, much important but undisclosed information often would die with them.

Patents, however, are not easily obtained. Patent rights are granted not for vague ideas but for carefully tailored claims. To avoid protecting technology already available, or within easy reach of ordinary artisans, those claims are examined by experts. Because patent claims vary as much in value as the technologies they protect, applicants must negotiate claims of appropriate defensible scope. (Defensible scope means that applicants must be careful in setting the boundaries of what their invention consists of and what can be protected from infringement in their invention.) This often takes two or more years and is expensive.

Trade Secrets

Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret. Examples of trade secrets can be formulas for products, such as the formula for Coca-Cola; compilations of information that provide a business with a competitive advantage, such as a database listing customers; and even advertising strategies and distribution processes.

Unlike patents, trade secrets are protected for a theoretically unlimited period of time, and without any procedural formalities. Trade secrets, however, tend to escape, and protection is not free. Under the best of circumstances, firms must restrict access to premises and documents, educate key employees and government inspectors, and closely monitor publications and trade show presentations. Although secrecy is expensive to maintain, large companies rely heavily on it when patents are not available. The larger the company, the more it needs legal protection for its commercial secrets.

Companies that cannot rely on a country's courts to help preserve important secrets must rely on self-help. They may, for example, severely limit the number of people with access to competitively important information. More likely, information needed for critical operations will be shared only if adequate trade secret protection is available. If not, few, if any, local employees will be trained beyond the level necessary to perform essentially unskilled assembly tasks.

Trademarks

Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. In villages, cobblers' names used to serve that function. Trademarks are especially important when consumers and producers are far away from one another. Children ask for Barbie dolls, Lego building blocks, and Hot Wheels toy cars. Some adults dream of Ferrari automobiles, but more can afford to buy Toyota or Honda brands. These consumers need trademarks to seek or avoid the goods and services of particular firms.

Throughout most of the world, trademarks must be registered to be enforceable, and registrations must be renewed. Yet, while copyrights and patents eventually expire, names of companies that treat customers well become increasingly valuable over time. If trademark rights were to expire, consumers would be collectively harmed as much as owners. Imagine the confusion if unaffiliated firms could sell products under another company's trademark. And consider, for example, the dubious quality of counterfeit and fake drugs and their potential for causing great harm, if not death, to unsuspecting users.

Trademark protection is also widespread in sports, estimated to account for 2.5 percent of world trade. Much support for the Olympics, for example, derives not from copyrighted broadcasts, but from merchandising rights protected by trademarks.

At an earlier time, purchasers of products bearing the names or logos of famous sports teams or events would probably have assumed no connection, much less an endorsement of quality between the sports team and, say, the baseball cap bearing the team's symbol. Increasingly, however, consumers assume both. As early as 1993, U.S. baseball teams alone licensed uses of their trademarks on $2.5 billion in goods.

Other Forms of Intellectual Property

Within the basic forms of intellectual property, many variations and special kinds of protection are possible. Geographical indications, which identify a good as originating in a locality where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographic origin, are an example. Some countries separately protect geographical indications for goods such as French cognac or Scotch whiskey. In the United States, geographical indications are protected with collective marks and certification marks. They are treated as a subset of trademarks to prevent consumer confusion, as well as to protect business interests. Similarly, in the United States, famous athletes and performers are able to license or to forbid fraudulent or misleading commercial uses of their names and images. Based on trademarks or related, still-developing rights of publicity, well-known figures often earn more from endorsements than from activities underlying their fame.

Also, the ornamental or aesthetic aspects of electrical appliances, chairs, and the like are protected in a variety of ways. Many industrial designs are protected in the United States, Japan, and South Korea as design patents. Other countries -- notably in Europe -- offer copyright-like protection. In the United States, works having purely aesthetic appeal, such as jewelry or patterns that may be applied to fabrics, are protected by copyright. Moreover, the United States offers two specific types of statutory protection for new plant varieties, as well as protection unique to boat hulls and computer chips. Designs that serve no purpose other than to indicate commercial source may be protected under trademark law.

EMERGING IP ISSUES: DOMAIN NAMES

The need for new forms of IP sometimes arises, and the assignment of Internet addresses has posed particularly difficult issues. Like telephone numbers, Internet addresses have the basic form "123.456.123." If that were the end of it, there would be no problem.

Because useful directories are so far unavailable, however, most addresses also have an alphanumeric form such as "BBC.uk", "BBC.com", or "yale.edu." The unique part of each ("BBC" or "Yale") is registered as a "domain name." Just as postal addresses indicate unique physical locations, domain names indicate unique locations in "cyberspace."

Various entities control the registration, renewal, and transfer of domain names, depending on the final portion of any alphanumeric address. Addresses ending with country codes "fr" or "uk" are subject to the laws of France and the United Kingdom, respectively. Those ending with "edu" are controlled, under agreement with the U.S. Department of Commerce, by Educause, a non-profit U.S. organization. Those ending with "com" and a few other terms have a global reach. They are governed by rules established by the Internet Corporation for Assigned Names and Numbers (ICANN), also under agreement with the U.S. Department of Commerce.

Because domain names often comprise celebrities' or companies' names, trademarks, and the like, few people regard them as merely addresses. In the early days of the Internet, individuals quick to understand this registered many ".com" domain names for sale at hefty premiums. For example, a tourist agency registered "Barcelona.com" as its domain name, a move denounced by the Spanish city of Barcelona, which went on to establish its superior claim to that domain name. Holders of domain names intending to suggest unauthorized affiliations were condemned as "cybersquatters." Procedures were soon established to prevent misleading registrations or have ownership transferred to others with superior claims of legitimacy.

Under the most favorable circumstances, however, time and money must be spent to have a domain name transferred. Also, many addresses may falsely suggest sponsorship by the same person or firm. Experience has shown that cancelling them is insufficient if others can then re-register. But maintaining registrations of possibly hundreds of spurious addresses is a major waste of money.

Such problems have been alleviated by imposing significant civil and criminal penalties on cybersquatters. Still, some remain beyond reach, and further measures will be needed to halt activities that often mislead computer users throughout the world.

IP MATTERS, VERY MUCH

Although the first international treaties protecting intellectual property rights -- the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works -- were reached in the 1880s, coordination across countries for IPR protection remained inadequate until recently.

Intellectual property rights were first included in the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT), 1986-1993, with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS requires signatories to make it easier for their citizens and others to obtain and enforce IP rights, although it does not deal with domain names as such.

TRIPS member countries should be aware that if their IP laws seem, on paper, to support innovation and protect IP, but in practice do not, they generate little besides cynicism. Conversely, cost-effective means to secure, transfer, and enforce IP rights boost cultural development and standards of living, as well as promote public health and safety.

Although effective IP enforcement serves important economic ends, it also promotes a variety of other common social goals. By providing the opportunity for pharmaceutical companies to recoup investments in research, enforcement of IP rights can help eliminate serious health risks. Besides encouraging the creation of new technologies, patent and trademark laws are useful as well to prevent serious, well-documented harm posed by counterfeit goods. For example, those who consciously palm off medical products under false labels are apt to be unconcerned about whether their goods are worthless or toxic to unsuspecting users.

Local cultures are also at stake. Works by local artists, authors, musicians, and others are often supported in ways that are relatively independent of the need for private risk capital. Yet, even when that is true, they are often displaced by the illegal sale of cheap or free music, movies, and books originating abroad, works that would cost far more if copyrights in such works were locally enforced.

People everywhere who are concerned about cultural growth and preservation, as well as improved health and economic wellbeing, should understand how IP protection serves those ends.



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Professor Thomas G. Field Jr. helped launch the Franklin Pierce Law Center in New Hampshire in 1973. He credits much of his general understanding of intellectual property to students who attend from abroad. The casebook, Introduction to Intellectual Property, is among his more recent publications. For more information, see: http://www.piercelaw.edu/tfield/tgf.htm.

Answer 2

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Answer 3

www.intellectual-property.gov.uk - 14k - Cached - More pages from this site - Save,
INTELLECTUAL PROPERTY RIGHTS
National Intellectual Property Rights Issues ... information concerning advertising, consumer rights, and intellectual property. ...ces.iisc.ernet.in/hpg/cesmg/iprpaten.html - 33k - Cached

Answer 4

Not a clue! Do I have anything to worry about?

Answer 5

http://en.wikipedia.org/wiki/Intellectual_property
Here's an explanation and links to answer your questions on the subject.

Answer 6

http://www.google.com/search?lr=&ie=UTF-8&oe=UTF-8&q=INTELLICTUAL%20PROPERTY%20RIGHTS

Answer 7

u may find in this site
en.wikipedia.org

Answer 8

what?