2nd COE Presentation

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    FACULTYOF INDUSTRIAL INFORMATIONTECHNOLOGYISS 3143SOFTWARE ENGINEER CODE OF ETHICS

    Prepared For:

    MR. AZHAR HAMID

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    GROUP MEMBERSSHUAIB YUNUS

    PRAVEEN A/L SUBRAMANIAM

    NUR IZZATI SAIHAH BT ROSLAN

    RASINA BT MOHD AJMUL KHAN

    MOHAMED RASHID ALI

    MORULING JAMES

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    INTELLECTUAL PROPERTY Intellectual property (IP) is a term referring to a

    number of distinct types of creations of the mindfor which a set of exclusive rights arerecognizedand the corresponding fields of law.

    Under intellectual property law, owners are

    granted certain exclusive rights to a variety ofintangible assets, such as musical, literary, andartistic works; discoveries and inventions; andwords, phrases, symbols, and designs.

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    Intellectual property is protected by

    Patents on inventions; Trademarks on branding devices;

    Copyrights on music, videos, patterns

    and other forms of expression; Trade secrets for methods or formulas

    having economic value and used

    commercially

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    PATENTS A patent is a set of exclusive rights granted by

    a state (national government) to an inventor or theirassignee for a limited period of time in exchange for thepublic disclosure of an invention. Usually lasts for 20years from the filing date of the pataen

    A software patent can be defined as a patent on anyperformance of a computer realised by means of acomputer program.

    IBMs Compression in mobile communication through

    multiplexing.

    Apples One click shopping

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    COPYRIGHTS AND TRADEMARKS

    A Copyright exists in works of literature and. Owners

    have the exclusive statutory right to exercise controlover copying, distributing and adapting the work fora specific period of time, after which the work is saidto enter the public domain.

    A trademark is a distinctive sign or indicator used byan individual, business organization, or other legalentity to identify that theproducts or services to consumers with which the

    trademark appears originate from a unique source,and to distinguish its products or services from thoseof other entities.

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    OTHER FORMS OF

    INTELLECTUALPROPERTY

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    INDUSTRIAL DESIGN RIGHTS

    An industrial design right is an intellectual

    property right that protects the visual design ofobjects that are not purely utilitarian.

    An industrial design consists of the creation of a

    shape, configuration or composition of patternor color, or combination of pattern and color inthree dimensional forms containing aestheticvalue. An industrial design can be a two- or

    three-dimensional pattern used to produce aproduct, industrial commodity or handicraft.

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    A procedure for an international registration exists.An applicant can file for a single international

    deposit with WIPO or with the national office in acountry party to the treaty. The design will then beprotected in as many member countries of the treatyas desired.

    EXAMPLES OF IDR

    The look of an athletic shoe, a bicycle helmet, the

    Star Wars characters are all protected by industrialdesign rights.

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    TRADE SECRETS The common law of trade secrets protects valuable,

    commercially useful information that is the subject of

    reasonable measures to preserve its secrecy. Maintainingtrade secret status ordinarily requires the trade secretproprietor to restrict access to the confidential information,require employees to promise not to disclose the information,or take other precautions that are prudent under the

    circumstances. Computer software may be the subject oftrade secret protection so long as these requirements are met.

    A trade secret isa formula, practice, process, design, instrument, pattern, orcompilation of information which is not generally known or

    reasonably ascertainable, by which a business can obtain aneconomic advantage over competitors or customers. Insome jurisdictions, such secrets are referred to as"confidential information" or "classified information".

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    DURATION

    Unlike a copyright or patent, a trade secret isnot limited in duration to a fixed number ofyears. Instead, a trade secret endures solong as the protected information remainscommercially valuable and is maintained as a

    secret.If the trade secret holder ceases to take

    measures to maintain the confidentiality of theprotected information, or if the information

    becomes widely available to the public, thenthe trade secret is extinguished.

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    TRADE SECRETS IN SOFTWARES

    Computer software may be the subject of trade

    secret protection so long as theserequirements are met.

    Trade Secret due to its allowance of reverse

    engineering is not adequate for massmarketed software as no real protection exists,trade secret is really best for privately createdand used software, such as software created

    by a company for internal use only.

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    OTHER FORMS OFINTELLECTUAL PROPERTY

    IN AUSTRALIA

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    CIRCUIT LAYOUT RIGHTS Circuit layout rights automatically protect original layout

    designs for integrated circuits and computer chips.

    This form of protection is mentioned because somedevelopers are considering "hard" coding their software intomicro chips. To the extent that they do, the topography of thechip might also be important assuming that their design isoriginal. This is in addition to any patent protection that may

    apply with respect to any new invention which might exist inthe chip.

    While these rights are based on copyright law principles theyare a separate, unique form of protection.

    Circuit layouts are usually highly complex and the intellectualeffort in creating an original layout may be considerable and ofgreat value. An integrated circuit or chip made from the plansis the key to the operation of all kinds of electronic devices,from heart pacemakers to personal computers.

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    RIGHTS

    The owner of an original circuit layout has

    exclusive right to:Copy the layout in a material form;

    Make integrated circuits from the layout; and

    Exploit it commercially in Australia.Commercial exploitation may occur by

    importation, sale, hire or distribution of a layout

    or an integrated circuit made according to thelayout.

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    DURATION

    The maximum possible protection period is 20

    years from the year of making an eligiblelayout.

    Accordingly, rights in an original layout subsist

    for 10 years from the first commercialexploitation, provided this occurs within 10years from creation of the layout or 10 yearsfrom the year in which it was made, if not

    commercially exploited.

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    PLANT BREEDER'S RIGHTS

    Plant breeder's rights (PBR) are used to protect newvarieties of plants by giving exclusive commercialrights to market a new variety or its reproductivematerial.

    Plant patents are the way we protect invented or

    discovered, asexually reproduced plant varieties.Hybrid tea roses, Silver Queen corn, Better Boytomatoes are all types of plant patents.

    You can direct the production, sale and distribution of

    the new variety, receive royalties from the sale ofplants or sell your rights.

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    To be eligible for protection you must:

    Show that the new variety is distinct, as well as being uniformand stable;

    Be able to demonstrate, by a comparative trial, that yourvariety is clearly distinguishable from any other variety, theexistence of which is a matter of common knowledge.

    Plant breeder's rights do not extend to the use of a grower's

    crop (that is, the grower does not have to pay a royalty on thecrop produced), nor does it extend to the use of the variety inplant breeding or retention by growers of seed for theproduction of another crop on their land.

    What is the time limit on plant breeder's rights? Protection lasts for up to 25 years for trees or vines and 20

    years for other species.

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    INTELLECTUAL PROPERTY RIGHTS IN

    BRITAIN

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    Databases are protected in one of two ways. Somedatabases can be protected as copyright works (see above)when the person compiling the database is judged to have

    used sufficient skill, labour and judgement in devising thecompilation. Other databases are protected by a separateDatabase Right. This lasts for 15 years. Databases protectedby Database Right tend to protect the content, as opposed tothe organisation and structure of a database.

    Assignment is the term given to the outright transfer ofownership of IPR from one person or party to another. It isoften, but not always, done in return for a fee. Whilst transferof ownership of physical property is achieved by delivery of

    the property from one person to another, intellectual propertymust be transferred in a written document which is referred toas an assignment.

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    ADVANTAGES OF REGISTERING YOURINTELLECTUAL PROPERTY

    To protect your intellectual property or brand name(asset)

    Prevent other Proprietors from using yourbrand/mark which will affect your goodwill

    Registration blocks other Proprietors fromregistering a similar mark/brand on your specifiedgoods, thus can avoid confusions

    One of the conditions to apply for Governmentgrant, SIRIM and other quality control systems

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    Persuasive tools when comes to bank loan application

    Enhance your company image/status

    Create credibility/trust to your customers Important for business plans and growth

    IPRs are essential to fostering innovation and economicgrowth in developing markets.

    Robust IPR protections foster innovation, investment, andeconomic growth

    Effective enforcement that is consistent with internationalnorms is necessary to ensure that IPRs fulfil their primary

    purpose of promoting innovation and investment.

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    DISADVANTAGES OFINTELLECTUAL PROPERTY

    RIGHTS

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    OWNERSHIP

    Defining what is and what isn't intellectual property

    has proven to be a tricky business. Critics chargethat the distinctions are at best arbitrary. Unliketraditional property, where the ownership of aphysical thing could be clear, who owns the right to

    an idea can be very hard to decide. It is in the natureof intellectual products that they are constantlyevolving and borrowing from each other. Sorting outwho owns what is difficult.

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    INFORMATION WANTS TO BE FREE

    A common catchphrase among critics of intellectual

    property is that "information wants to be free." Theargument being made is that intellectual productsnaturally by their nature seek out the widest possibleaudience and diffusion.

    As has been shown by unsuccessful attempts to stoppirating, it is very difficult to stop consumers fromtaking intellectual property if there is a very highdemand. The attempt to enforce intellectual property

    rights may be alienating consumers.

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    NONZERO-SUM

    Critics of intellectual property make a further

    distinction between it and older forms of property bythe fact that it is not in limited supply. Unlike physicalobjects, there is no limit to how many people canhold a single piece of intellectual property. This

    potentially creates what is called a nonzero-sumeconomy where growth is unlimited and there is notrade-off between some owning something andothers owning nothing.

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    PAYMENT OF CREATORS

    Defenders of intellectual property argue that the only

    way the creators of intellectual goods can maintain aliving is through the continued existence ofintellectual property rights. Many famous artists andwriters have argued for this stance.

    It is further argued that as intellectual property rightsdecrease so will the quality of creative goods as thecreators themselves will have much less incentive tocontinue to devote their time and energy to their

    intellectual work.

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    ISSUES BATTLINGINTELLECTUAL PROPERTY

    RIGHTS

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    PLAGIARISM OR INTELLECTUAL PROPERTYTHEFT

    The act of stealing another persons intellectual property (IP)

    which includes ideas, inventions, original works of authorship,words, slogans, designs, proprietary information, etc. andusing them as your own without proper acknowledgmentand/or permission of the original author or inventor.

    EXAMPLE

    In 1999, Shawn Fanning, a North-eastern college dropout,created a website that changed the way individuals viewedintellectual property theft.

    Napster was a service that allowed users to share MP3 file for

    free. This website was the first of many sites to allow filesharing.

    The company was charged with contributing to and facilitatingother people's infringement.

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    PATENT INFRINGEMENT (PIRACY)

    The unauthorized reproduction, use, or

    imitation of an invention, creation, or productwith the objective of having the result pass asgenuine.

    The term "piracy" describes the act ofreproducing

    movies, music, books or other copyrightedworks without permission from the copyrightowner.

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    COPYRIGHT INFRINGEMENT

    Is the unauthorized or prohibited use of

    works under copyright, infringing thecopyright holder's exclusive rights, suchas the right to reproduce or perform the

    copyrighted work, or to make derivativeworks.

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    PRODUCT COUNTERFEITING

    Branding goods with a mark identical to, orsubstantially indistinguishable from, a legallyregistered trademark where those goods are similaror identical to the product for which the trademark isregistered (definition used in the proposed General

    Agreement on Tariffs and Trade International Anti-counterfeiting Code)

    Counterfeit products are often produced with theintent to take advantage of the superior value of the

    imitated product.

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    "GRAY MARKET" OR PARALLEL SALES

    Is the trade of a commodity through distributionchannels which, while legal, are unofficial,unauthorized, or unintended by the originalmanufacturer.

    The term gray economy, however, refers to workers

    being paid under the table, without paying incometaxes or contributing to such public services as SocialSecurity and Medicare. It is sometimes referred to asthe underground economy or "hidden economy."

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    CASE STUDIES ON INTELLECTUAL

    PROPERTYRIGHTS

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    IBM v. Platform Solutions and t3 Technologies

    t3 Technologies (t3) alleged IBM misused intellectual propertyrights and tied operating systems licenses to hardware,

    thereby maintaining its monopoly over mainframe hardware. t3s lawyers, provided evidence and analyses that were key to

    getting both the European Commission and the U.S.Department of Justice to open investigations into IBMs

    behaviour. The civil case is currently on appeal before the2nd Circuit.

    t3s complaint further alleged that IBMs refusal to license its

    mainframe operating system to users of non-IBM mainframe

    hardware was an illegal tie that further protected IBMsmonopoly over mainframe hardware.

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    APPLE AND NOKIA

    Nokia filed intellectual property infringement claims with theUS International Trade Commission against Apple, on March

    15, 2011. At issue are seven additional patents which Apple isaccused by the Finnish phone maker of infringing in "virtuallyall products.

    Nokia intellectual property chief Paul Melin said in a

    statement:We now have 46 Nokia patents in suit against Apple, many

    filed more than 10 years before Apple made its first iPhone

    Nokia claimed it has invested some 43 billion Euros in

    research and development, and says it holds over 10,000patents.

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    VERDICT (APPLE AND NOKIA)

    Apple will make a one-off payment to the

    embattled Finnish handset maker, followed byongoing royalty payments.

    Analysts say royalty payments of 1pc or 2pc of

    the retail price of each iPhone could equate toApple paying Nokia more than $160m aquarter.

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    THE END

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