Transcript International Intellectual Property Protection of Software: History, Purpose and Challenges Intellectual Property, Software and E-Health: Trends, Issues, Prospects Organized by the World Intellectual Property Organization (WIPO) and the.

International Intellectual Property
Protection of Software: History,
Purpose and Challenges
Intellectual Property, Software and E-Health: Trends,
Issues, Prospects
Organized by
the World Intellectual Property Organization (WIPO)
and
the Government of the Republic of Rwanda
Kigali, June 3 and 4, 2010
Outline
I. Historical Account.
II. Scope of protection.
III. Protection granted.
IV. Exceptions.
V. Open Source Software (OSS)
VI. The Role of WIPO in Copyright. The Development
Agenda
I. Historical Account
1970s> Initial Consideration of the issue at WIPO.
Model Law Provisions following a sui generis approach:
covering 3 elements of software; similar to industrial designs;
shorter term of protection; material reciprocity
1985 UNESCO WIPO Group of Experts> breakthrough towards
protection under Copyright.
National legislation> 1991 EU Directive>1994 TRIPS
Agreement> 1996 WCT >reasoning (creative expression with
functional result)
II. Scope of Protection.
Set of instructions in a language that computers
understand in order to achieve a function: Definition
in WIPO Model Provisions & National Legislations
Software as opposed to hardware. Physical
support/programs.
3 elements of software.
I I. Scope of Protection.
Outside of the scope:
Preliminary Design Material
Images generated on screen.
Standard of protection under WCT:
Irrespective of the form of its expression > not only source
code> alignment with TRIPS
Computer programs are protected as literary works within the
meaning of BC> similar to TRIPS
III. Protection Granted (1)
Exclusive rights.
Economic and moral rights:
- reproduction
- distribution
-adaptation
- rental
-communication to the public/ public performance.
- Moral rights: attribution & integrity
III. Protection Granted (2)
Internet Treaties represent international standard for digital environment. Four main
elements:
> reproduction applies in the digital environment.
> transmission of content over interactive networks
>limitations & exc. in digital environment
>technological Adjuncts to Protection: RMI & TPMs
III. Protection Granted (3)
•
•
•
Exercise of the rights: Importance of National Legislation
(BC) Rights lie with the creator and her successor in title>
exceptions: employment relation
Types of transfer: a) Assignment (a third party takes globally
the place of the right owner) b) Licensing (covers specific acts
for specific purpose and time) Exclusive and non- exclusive.
IV. Exceptions.
-
International standard: The three- step test.
In the area of software exceptions developed at national and
regional level:
correction of errors
back- up copies
observe, study or test
Decompilation in order to make a compatible program>
meaning> rights involved
Conditions: purpose/unavailability/ not third party.
V. Patents
Not part of the International standard but allowed
under some national jurisdictions (computer
implemented inventions)
Protection of the function versus expression.
Same function different language does not
conflict with copyright.
Different purpose of protection.
VI. Open Source Software.
Commercial versus OSS.
Main features: availability of source code/
possibility of user to access/ reproduce/ modify and
redistribute.
OSS is free in the sense of freedoms
A way of exercising copyright in software
Types of OSS license: BSD; GPL.
VI. Open Source Software.
Benefits of OSS.
Business Models: >subsequent> simultaneous,
parallel
Advantages and difficulties in mixed platforms> Viral
effect of GPL> GPLv3 and software patents> GPL
and DRM.
VII The Role of WIPO in Copyright. The
Development Agenda (1)
International Organization, specialized agency of the UN,
headquarters in Geneva (CH)
Mandate: to promote the protection of intellectual property rights
worldwide
Intellectual property : protects creations of the human mind,
through patents, trademarks, copyright, industrial designs, and
other rights
181 Member States, representing over 90 % of the world’s
countries
The Role of WIPO in Copyright. The
Development Agenda (2)
Main Tasks:
Development of international IP law standards through global
Conventions (2008: 24 Treaties administered by WIPO, 7 in the field of C
&RR)
Service to the private sector : Global protection systems & services
through registration with the International Bureau, ex. PCT, Madrid
Agreement and Protocol, Hague Agreement, and Services of the WIPO
Arbitration and Mediation Centre
Assistance to countries to further develop their IP systems
VII The Role of WIPO in Copyright. The
Development Agenda (3)
I.
Promotion of the 1996 WIPO Internet Treaties
II.
Current Activities at the SCCR
III. Development Agenda
VII The Role of WIPO in Copyright. The
Development Agenda (4)
III.
Development Agenda
commenced WIPO General Assembly 2004 – proposal submitted by
Brazil and Argentina and supported by a number of other
countries
to mainstream the “development dimension” into
all of WIPO’s substantive and technical assistance
activities and processes
VII The Role of WIPO in Copyright. The
Development Agenda (5)
III.
Development Agenda
45 Recommendations adopted by WIPO General Assembly (10/07) (6
clusters),
A) Technical Assistance and Capacity Building
B) Norm-Setting, Flexibilities, Public Policy and Public Domain
C) Technology Transfer, Information and Communication Technologies and
Access to Knowledge
D) Assessment, Evaluation and Impact Studies
E) Institutional Matters Including Mandate and Governance
F) Others
Work proceeding under new Committee on IP and Development (CDIP),
which will meet again in November 2010
VII The Role of WIPO in Copyright. The
Development Agenda (6)
III.
Development Agenda (3 projects on CR)
IP and the Public Domain
- Scoping study on Copyright and Related Rights
and the Public Domain (just published)
- Second Survey of National Legislation on Voluntary
Registration Systems for Copyright and Related Rights
- Survey of Private Copyright Documentation Systems and Practices
VII The Role of WIPO in Copyright. The
Development Agenda (7)
III.
Development Agenda (3 projects on CR)
IP, ICTs, THE DIGITAL DIVIDE AND ACCESS TO KNOWLEDGE
Research Project on Using Copyright to Promote Access to Information
and Creative Content
-
Survey of public policies and strategies, including (but not limited to) IPR
legislation, to develop and make content available
Three Strategic areas:
education and research;
software development practices;
e-information services (including Public Sector Information
VII The Role of WIPO in Copyright. The
Development Agenda (8)
III.
Development Agenda (3 projects on CR)
IP and Competition Law
Organization of a Global Meeting on Emerging Licensing Issues in
the Copyright Area (November 3-4, 2010)
-
Describe and analyze different copyright licensing practices
-
Examine compatibility between traditional copyright licenses and
emerging ones.
Thank you
WIPO Culture and Creative Industries Sector
http://www.wipo.int/copyright/en/