IPR Issues in ICT

Introduction

In the ever-evolving landscape of Information and Communication Technology (ICT), Intellectual Property Rights (IPR) play a crucial role in safeguarding the rights of creators, innovators, and businesses. As digital tools and platforms enable rapid creation and dissemination of information, issues related to copyright infringement, software piracy, and patent violations have become increasingly prevalent. The digital environment has blurred traditional boundaries, making the enforcement and understanding of IPR more complex yet essential in ICT education and practice.

Objective of the Lesson

At the end of this lesson, students should be able to:

• Define Intellectual Property Rights (IPR) and explain their relevance in ICT.
• Identify the different categories of IPR as recognized by WIPO.
• Distinguish between copyright, trademark, and patent, including their scope and examples.
• Understand the concepts of fair use, derivative works, and piracy in the context of ICT.
• Explore alternatives to traditional copyright, such as Creative Commons licensing.
• Appreciate the importance of respecting intellectual property to promote innovation and ethical digital practices.

Definition of Intellectual Property Rights

Intellectual Property Rights refer to the legal protections granted to individuals and organizations for their creative and intellectual works. These rights provide exclusive control over the use, reproduction, and commercialization of their inventions, literary and artistic works, symbols, names, images, and designs. According to the World Intellectual Property Organization (WIPO), IPRs are legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields (WIPO, n.d.).

Please click the link below to watch the video discussion about the Intellectual Property

https://www.youtube.com/watch?v=YlQFRzW6USQ

The Scope of Intellectual Property Rights Based on the WIPO

WIPO classifies Intellectual Property into two main categories: copyright and related rights, and industrial property. Copyright protects literary and artistic works, such as books, music, films, and software. Related rights include those of performers and broadcasting organizations. Industrial property includes inventions (patents), trademarks, industrial designs, and geographical indications. The scope also extends to the legal frameworks and treaties established to ensure global IPR protection and enforcement (WIPO, n.d.).

The Copyright Property

Copyright property protects the original expression of ideas, not the ideas themselves. It grants creators the exclusive right to reproduce, distribute, perform, display, or license their works. In the ICT context, this includes software, digital media, websites, and online content. As technology advances, so do the challenges in monitoring and enforcing copyright, especially with the ease of duplicating and sharing digital files.

The Industrial Property

Industrial property encompasses patents for inventions, trademarks, industrial designs, and geographical indications of source. These forms of IPR are vital in the ICT industry, where innovation is constant. For example, new software algorithms, hardware designs, or branding elements are all protected under industrial property laws, which encourage innovation by granting temporary monopolies to inventors and businesses (WIPO, n.d.).

What is Copyright?

Copyright is a legal right that protects the creators of original works, such as software, websites, books, music, and films. It ensures that creators have control over how their work is used by others, including the right to authorize reproduction, distribution, and public performance.

Basic Rights

Copyright holders have several exclusive rights, including the right to reproduce the work, prepare derivative works, distribute copies, and perform or display the work publicly (U.S. Copyright Office, 2021). These rights aim to provide creators with economic and moral incentives to continue producing new works.

Derivative Works

Derivative works are new creations based on an existing copyrighted work, such as translations, adaptations, or remixes. The right to create derivative works is reserved for the copyright owner unless permission is granted otherwise. In the ICT realm, this can include modified software, fan-made content, or localized versions of media.

Fair Use

Fair use is a legal doctrine that permits limited use of copyrighted material without obtaining permission from the rights holders. It typically applies to criticism, comment, news reporting, teaching, scholarship, or research. Courts consider four factors: the purpose of use, the nature of the work, the amount used, and the effect on the market (U.S. Copyright Office, 2021).

What is Trademark?

A trademark is a recognizable sign, design, or expression that distinguishes the products or services of a particular source from those of others. In the digital world, trademarks help users identify authentic software, websites, and brands amidst a sea of similar offerings.

Examples of Trademarks

Examples of trademarks in the ICT sector include logos like Apple’s bitten apple, the Microsoft Windows flag, and the Google wordmark. These trademarks signify brand identity and assure consumers of a certain level of quality and reliability (WIPO, n.d.).

What is Patent?

A patent is a form of industrial property that gives an inventor the exclusive right to make, use, or sell an invention for a specific period, usually 20 years. Patents are granted to inventions that are novel, non-obvious, and industrially applicable. In ICT, this may cover new software algorithms, networking protocols, or hardware mechanisms.

Example Situation Related to Patenting

For example, a company developing a new data compression algorithm for video streaming may file for a patent to prevent competitors from using or selling the same technology without authorization. This ensures the innovator can benefit from their invention and recoup research and development investments (OECD, 2015).

What is Piracy?

Piracy refers to the unauthorized reproduction and distribution of copyrighted content. In ICT, this often involves illegally copying software, movies, music, or digital games. Software piracy, in particular, undermines revenue for developers and creates risks for users, including malware, lack of updates, and data breaches. Addressing piracy requires legal enforcement and user education about legitimate access to digital content (BSA, 2018).

The Copyright Alternatives

Creative Commons

                Creative Commons (CC) provides a flexible range of protections and freedoms for authors. It enables creators to license their work under terms that allow for legal sharing and reuse. For example, a software developer might allow free use of their code for non-commercial purposes under a CC license. This model supports open-source development and collaboration, which are key in the ICT community (Creative Commons, n.d.).

References

• BSA. (2018). Seizing opportunity through license compliance. Business Software Alliance. https://www.bsa.org
• Creative Commons. (n.d.). About the licenses. https://creativecommons.org/licenses/
• OECD. (2015). Enquiries into intellectual property’s economic impact. Organisation for Economic Co-operation and Development. https://www.oecd.org
• U.S. Copyright Office. (2021). Copyright basics. https://www.copyright.gov
• World Intellectual Property Organization (WIPO). (n.d.). What is intellectual property? https://www.wipo.int/about-ip/en/