Intellectual Property

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Time
15 hours 43 minutes
Difficulty
Advanced
CEU/CPE
16
Video Transcription
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>> Let's go ahead and take a
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>> look at intellectual property.
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>> I do think this is going to show up on the test.
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I think they'll probably ask you about
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the different types of intellectual property,
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maybe some of the threats and
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perhaps some of the ways that we can
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mitigate risks associated with
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breaches to intellectual property.
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Let's just start out and say that
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>> intellectual property, these are products of the mind.
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>> Ideas; how we express ideas,
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how we communicate those ideas.
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That would be the type of law or
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the type of material
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covered by intellectual property law.
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Now the company has to take steps
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to protect their intellectual property.
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If I were to print recipes for
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my chocolate chip cookies and
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pass them out of the doorway to my restaurant,
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I really can't sue somebody for violation of maybe,
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my trade secret or my patent
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for my special chocolate chip cookies
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because I didn't take steps to protect them.
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That's one of the requirements across
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the board for intellectual property law to be
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enforced because the company has to take what's
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reasonable in steps to protect it.
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Now, like many laws,
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there are requirements from
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country to country, region to region.
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But there are certain elements
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of intellectual property law that's
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just taken as almost a universal protection.
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In order to improve
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cooperation across nations and across countries,
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the World Intellectual Property Organization,
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known as WIPO, which is run from the UN,
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takes a stance in attempts to provide
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international cooperation in cutting down on some
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of the violations of intellectual property.
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Now, very common threats,
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by far the most common, is licensing.
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That's the most prevalent violation
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where perhaps with software,
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you've probably seen instances where if somebody pays
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for one copy of
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software and they install it on multiple systems.
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There are also issues with
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plagiarism, that's very common.
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Piracy, and then we start to
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see ideas like corporate espionage where
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someone that works at Coca-Cola
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attempted to sell Coca-Cola's secret formula to Pepsi.
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If you haven't followed that, that's a very
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>> interesting story related to trade secrets.
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>> Let's look at copyright first of all.
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Copyright, it's about works of art.
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So copyright covers authors and artists,
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and musicians, composers, lyricists, painters.
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All that falls under the protection of copyright,
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which basically allows the artist
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to control the distribution of their works.
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I get to determine who gets access
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to a book I write or a song that I
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write or compose or whatever that would be.
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Now, copyright protection is good for
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the entire lifespan of the artist plus 70 years.
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I get to control the dissemination of my work,
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then after my death,
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my estate would for a total of 70 years.
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Corporations can also copyright intellectual property.
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Usually that's good for 75 years.
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But honestly, when it gets into copyright law,
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that gets a little sticky.
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I would just focus on for individuals,
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the material they would copyright
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70 years after their lifetime.
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Now, there are some limitations on copyright laws;
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first sale and fair use.
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For instance, if I purchase a novel
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you've written, I purchase it,
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I read it, now I want to sell it,
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I can make that first sale without violating copyright.
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I can turn around and sell it to
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another customer that's called first sale.
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Also, there's fair use.
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Fair use means I can copy your copyrighted work,
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a reasonable amount for personal use.
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I pay for some digital music,
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I can make a copy of that music to play in my car,
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I can have a copy of it in my home.
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As a matter of fact, the law really doesn't say
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exactly how many copies I can make,
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but it's just reasonable use.
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If you download a song from iTunes,
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they generally let you have five different instances,
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five different devices that can
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have access to that song, for instance.
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That's to enforce this idea of fair use.
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Now after copyright, we think about trademark.
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Your trademark is what gives
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your organization it's unique look and feel.
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It might be a color scheme, might be symbol.
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I think a lot of times of logos,
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like the golden arches for McDonald's.
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It could be a sound,
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a symbol, certain shape.
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Novell, if you remember Novell's operating systems,
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they had a certain shade of
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a reddish orange and that's
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Novell red and that's been trademarked.
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The idea is that keeps
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another company from impersonating me,
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so to speak. That's trademarked.
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Then we have patents and patents are relevant to
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us because this is to protect inventions.
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Cryptographic algorithms are covered by patents.
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For instance, if someone
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develops a proprietary cryptographic algorithm,
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that would be protected under patent law.
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When you apply for a patent, you have
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>> exclusive control of the invention for 20 years.
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>> A lot of times we see patents in
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relation to pharmaceuticals, being a factor.
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when the drug first comes out,
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you have to pay $50 a pill.
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Then after it's patent expires,
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it's 50 cents a pill
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because generic equivalents are in place.
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Maybe that's a slight exaggeration,
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but that's the power of patent.
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Now, interesting, fun trivia for parties in 1899,
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now think about how long ago that was, 1899,
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the director of the US Patent Office
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lead a push to close the US Patent Office.
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My question to you is, why?
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Why did we want to close the US Patent Office in 1899?
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The answer is because
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everything has already been invented,
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was the thought at that time, 1899.
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It shows you how very limited
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we are sometimes in our thoughts.
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In 1899 we had the wheel,
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we had fire, we had sliced bread.
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What else could there be?
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I always thought that was quite interesting.
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That's patent and patent laws.
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Ultimately in this section we talked
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about the types of intellectual property.
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We talked about copyright, which by the way,
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I think is the one that's most likely to show up.
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But also I would know patents and trade secret as well.
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