IP Details (in.tell.lecture.ally Pro.per.ties)

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© 2007-2015 Kok-Wah LEE @ Xpree Li. All rights reserved.

Restarted on 10.10.2021 the SunDay (辛丑年九月初五日·中华民国双十节·110周年)

Updated on 24.10.2021 the SunDay （辛丑年九月十九日·观音诞）

Part A : Introduction

[ Section A.I ] IPs (Intellectual Properties) :

Primary Rights (due to human common sense, legal acts, and international treaties):

[1] Copyright (Literary, Musical, Artistic Works, Photograph, Film, Sound Recording, Broadcasting, Architectural Plan, Computer Program).

[2] Related Rights (aka Neighbouring Rights).

[3] Patent, Patent Application Option (e.g. WIPO PCT International Patent Application), Utility Model (also called Utility Innovation, Innovation Patent, Petty Patent, Minor Patent, Small Patent in various countries, and Gebrauchsmuster in German and Austria).

[4] Industrial Design (also called Design Patent in US).

[5] Geographical Indication.

[6] Trade Mark (also called Trademark and Service Mark), Well-Known Mark, Collective Mark, Trade Dress, Trade Name (aka Assumed Name, Business Name, DBA (Doing Business As), Trading As).

[7] Confidential Information (also called Trade Secret).

[8] Domain Name (or Website).

[9] (17Sep2012). Career Field (行业), Knowledge Field (Chinese: 知识之田；大学主修或副修) ::> Field Land (斐然成章) types include:

(a) Field Formation (斐然·佛马省), e.g. higher doctorate, field master, field landlord/landlady;

(b) Field Settling (斐然·识得拎), e.g. field commissioner (讲（么/乜？）省呢？！？);

(c) Field Sequencing (斐然·识滚骰醒！), e.g. full professor (教授；搏费时/搏费事？), polyglot (全才), one who knows seeds of PRNG; and

(d) Field Missing (斐然·（么/乜？）屎醒？), e.g. partial trainee/learner (半师徒).

Note-1: PRNG = Pseudo-Random Number Generator

Sui Generis Rights (due to characteristic uniqueness of originating source):

Database Right, Layout-Design of Integrated Circuits (aka Mask Works, Topography), Plant Breeders’ Rights, Supplementary Protection Certificate, Indigenous Intellectual Property.

Human Service Types in Copyright:

© Copyright 20-21Sep2012. Kok-Wah Lee @ Xpree Li. All rights reserved.

[1a] Type-1: Self-employed agreement

[1b] Type-2: Non-disclosure agreement

[1c] Type-3: Service by Commission

[1d] Type-4: Contract of service

[1e] Type-5: Contract for service

[2a] Word “of”: word “honest” may have letter “h” missing, and then is spelled as “on-est”.

[2b] Word “of” is euphonious to word “hof”.

[3a] Word “for” is euphonious to word “fore”.

[3b] Word “fore” gives hints to the relative words, like before, after, and aft.

[4a] Words “of” and “for” have possible links to phrasal words “service”, “problem solving”, “solution model”, and “functional solution”.

Human Roles in Copyright:

[1a] Text: Author or writer.

[1b] Text: Diagram drawer.

[1c] Text: Compiler.

[1d] Text: Editor.

[1e] Text: Translator.

[1f] Text (collective archive): Lexicographer (for characters, words, phrases, proverbs, etc.), or bibliographer (for articles, books, songs, pictures, etc.).

[1g] Text: Librettist (for libretto of drama).

[2a] Audio: Composer.

[2b] Audio: Singer.

[3a] Image: Picture artist.

[3b] Image: Cameraman.

[4a] Video: Movie director.

[4b] Video: Actor/actress.

[5a] Bitstream: Computer programmer, software engineer, or software architect.

[5b] Bitsream: Database designer, database manager.

[6a] All types: Commenter.

[6b] All types: Human/machine copier.

[6c] All types: Publisher.

[6d] All types: Distributor.

[6e] All types: Field Commissioner.

Freedom from Rights of Copyright (due to various facts and practical reasons):

[1] No extension of copyright protection to cover any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. [Ref.: U.S.C. (United States Code) Title 17 on Copyright Law of United States, Chapter 1 on Subject Matter and Scope of Copyright, Section 102.]

[2] Fact & Database: No extension of copyright protection to cover fact based on only a single feature, called single-feature fact here. In the understanding of database formation, a database begins with at least two variables, which are a start pointer as location teller and a storage node as container. In Chinese language, the simplified script of Chinese character head (头) does describe this story. However, if single-feature fact is not copyrightable, the moral right shall still be there, asking for attribution to know responsibility by whom.

[3] Database & File Format: The records and files in a database need a well-planned format for (best / efficient?) database storage and maintenance. So, an extended question here is: “Is file format copyrightable?” Or better to let file format be secret or under moral right.

[4] Local freedom: Article Title, Abstract & Keywords (i.e. an idea type); Criticisms (similar with Comments, Reviews); Equation (i.e. a principle type like Archimedes’ principle and Newton’s laws of motion; a discovery type of object relationship); Fair Uses (e.g. Examination Matters, Legal Proceedings, News Reporting, Research, Scholarship, Teaching, etc.); Legal Act & Administrative Order; (Multipartite) Legal Document; Lexicography; Library& Archive.

[5] Conditional freedom: Orphan Works; Sheets of Erratum & Corrigendum; Answers & Solutions of Exercises; Representative Sample.

[6] Absolute freedom: Public Domain.

[7] Relative freedom (with author’s permission, or derived from works in the public domain): Derivatives, Related Rights (aka Neighbouring Rights).

[6] Relative freedom (a special case for computer program: Variants of computer languages, their natures, and positions in the progress of human civilization):

Subtitle: Relative Freedom from Copyright of Computer Program

Created on 03Nov2010, modified on 06Nov2010.

© November 2010. Kok-Wah LEE @ Xpree Li. All rights reserved.

[6.1] Copyright has the nature of repeatability from protection period to public domain to become a public asset.

[6.2] Under statutory purposes, exclusive rights within limited time are given to author for copyright and inventor for patent to encourage them to increase the human wealth for the progress of knowledge advancement in human civilization.

[6.3] Algorithmic pseudo-code, algorithmic flowchart, and source code of computer program in high level language or assembly language of computer language, have open/published copyright, because it still works after the copyright protection period expires and enters the public domain to have become a public asset, at least by feasible translation into other human or computer languages, due to the availability of comprehensible code tables.

[6.4] Executable of computer program in machine language of computer language is closer to the nature type of process and method, which is normally protected under the IP (Intellectual Property) laws of trade secret and patent.

[6.5] Without having the supporting computer system, in terms of assembling correct hardware, installing matched operating system, and knowing the information of file formats, an executable can hardly be repeated for valuable functioning, in view of the copyright expiry in about one century later to have entered the public domain. In other words, executable can rarely be in chance to become a public asset in the future.

[6.6] Machine language has code table and software of computer program has file format. For non-open source software (i.e. closed source software), the code table of machine language and file format of software are normally trade secrets kept by only a tiny human group. Moreover, machine language, even with the present of code table, can hardly be understood, in case of error occurrence for error detection and correction. This situation is very risky in terms of tragedy, probability, insurance, fault tolerance, and unstable reliability. Pseudo-stability of executables may have cheated us for its non-repeatability due to risky conditions.

[6.7] In short, open source software is protected by copyright law, due to the presence of its comprehensible source code. Meanwhile, mere executable for closed source software has unpublished copyright, and is protected likely by trade secret and patent law.

[6.8] Subsequently, a question exists where for a territorial patent not extended to other territories, is one capable in writing a computer program of computer implemented invention, without offending the copyright of the patent specification article for the purpose of commerce? A hint here is that think about the mere executable of closed source type.

[6.9] Similarly, for copyrighted open source software, could mere executable of closed source type avoid copyright claim for plagiarism offences?

[6.10] Perhaps, risky conditions for non-repeatability of closed source software are one of the main concerns.

[6.11] Another concern is that the copyrighted algorithm or open source code cannot be used as a platform of sharing media for group discussions towards commercial purposes. This is because copyright is an exclusive protection right given to author to avoid copying of memory media for one’s copyrighted works.

[6.12] Considering those constraints like mere executable, risky conditions for non-repeatability, and no platform for sharing media, will one revert to copyright licensing or purchase at a considerate entry cost, by paying copyright royalty the rental or selling price?

[6.13] FTO (Freedom to Operate) is good to be done to know the bases of IPR (Intellectual Property Rights) before costing too high later. For the sources of copyright and patent, those in the public domain are public asset; academies manage lots of novel copyrighted articles, especially algorithm; and big companies hold lots of valid patents.

[6.14] Path of copyright development in computer program (or software) via translation as copyright derivatives: Algorithm (i.e. in the forms like pseudo-code, flowchart, blueprint-like object), high level languages, assembly languages, and machine languages (i.e. in the forms like executable (.EXE), static library (.LIB), dynamic link library (.DLL), database files, etc.).

[6.15] Computer program may have both patent and copyright. For example on the separation of patent and copyright, one can refer to “combustion engine”, which is an important component in automotive.

[6.16] A further reminder here is that a patent specification article, in which its innovation or invention is not limited to research domain but extending to development domain, may have solid copyright separately and independently as well, apart from patent right. This is because a simple idea in invention form for patent can be communicated and broadcasted by mouths without the assistance of storage media like papers and emails. Funnily, simplicity of patent idea in knowledge economy means cost efficiency for entry price and time effectiveness for novice learning.

[6.17] In the USA, for patentable subject matter under patent protection, it must be from one of the general statutory class matters, like any new and useful process (including method), machine, manufacture, or composition of matter, or any new and useful improvement thereof.

[6.18] For copyright protection, it is an exclusive right given to an author over the convenient duplication of multimedia data using any possible memory medium, like paper and electronic storage, for the purposes like record, explanation, mass communications (e.g. news and advertising), distribution, entertainment, translation, etc.

[6.19] Thus, for the example on “combustion engine”, even though its patent protection may have expired, the copyright protection of its blueprints in the signatory countries of Berne Convention is still valid for more decades. Perhaps, this is one of the reasons why we can observe so many similar combustion engines under the patent class matters of machine and manufacture, but it is rare to see copyrighted books on any detailed architectural plan to have drawn and shown the blueprints to design, manufacture, and assemble the combustion engines.

[6.20] This is because in IP laws, patent and copyright are two separated domains. Lots of times, patents have expired, but copyrights still persist obstinately for some decades under economical maintenance costs. In short, copyright is much thriftier than patent, and can thrive well for future prosperity in higher chances.

[6.21] Nevertheless, patent can have market monopoly for about two decades. Meanwhile for copyrighted solution, like algorithm and architectural blueprint, we can develop independently similar functioning solutions to handle the same problem, by not deriving from the copyright, but focusing on its new features to go around the copyright. Those new features, like novel functions, are normally mentioned in the article title, abstract, and keywords, in which there exists local freedom from copyright protection.

[6.22] Thus, patent is more powerful in term of coverage of exclusive rights than copyright in an enforced territory. Just that for wider inclusions of territories, operating costs of copyright is really much lower than patent. So, when mixing the public assets from the public domain with persistent patent and copyright, do act wisely for your commercial and non-commercial activities!

Consideration Factors in Fair Use of Copyright Law:

[1] Usage purpose, e.g. charity, commercial, governmental, non-commercial, non-profit, military, religious, etc.

[2] Nature of copyrighted works, i.e. feature types of (a) literary works like fictional and non-fictional; (b) computer programs like BIOS, driver, operating system (OS), software application; (c) musical works; dramatic works; (d) pantomimes and choreographic works; (e) pictorial, graphic, and sculptural works; (f) motion pictures and other audio-visual works; (g) sound recordings like song and speech; and (h) architectural works.

[3] Used amount and percentage of the whole copyrighted works on its substantiality, e.g. publicity type, etc.

[4] Effect over the market value of the used copyrighted works, e.g. export value, import value, sale price, etc.

[5] Maintenance for knowledge conservation to avoid node loss of knowledge networks, e.g. teaching, learning, etc.

[6] Civilization progress of human society, e.g. research, development, etc.

[7] Exemption on public interests, e.g. military, police, security, safety, health, etc.

Types of Further Copyright Works:

[1] Collective Work: Many component works, each as a whole without modification, grouped to form a larger collective volume. Examples are periodical issue (?), anthology (?), encyclopedia, bibliography list (books, journals, conference proceedings, patents, reports), or counterpoint.

[2] Derivative Work: A work as a modification based on merely one or more originally pre-existing works. Examples are translation, musical arrangement, dramatization, fictionalization, sound recording, motion picture version, video, art reproduction, abridgment, condensation, electronic data version, or any other material forms for memory recording and replaying.

[3] Compilation Work: A work compiled from two or more independent works, where the component work may be novel, or the resultant work has new feature. Examples are financial accounts, medical prescription, assembling blueprint in engineering, or example group of legal cases.

[4] Scholastic Work: A work resulted from scholar’s effort to maintain and advance the knowledge networks in human civilization based on prior works. Depending on the working situation and conditions, this work may be royalty-free for commercial purposes, and charges may only be collected for jobs like printing materials, delivery costs, labour, and maintenance fee of management system. However, special privileges are given to the scholar, like access to public resources, duplication of books, and life tenure. The words “school”, “scholar”, “scholastic”, and “scholarship” have close relationship. Scholarship means scholars creating scholastic works to be learnt at various levels of schools. Examples are like topics, chapters, and subjects in art, science, commerce, and technical streams.

Types of Patentable Class Matters:

Created on 06Mar2011, modified on 06Mar2011.

© March 2011. Kok-Wah LEE @ Xpree Li. All rights reserved.

- In American patent law, its class matters are process, machine, manufacture, composition of matter, improvement thereof, and plant.

- In Chinese language literature, there is a summarized phrase called “金科玉律”.

Any new and useful:

[1] Process (律): including method, transformation, function module;

[2] Machine (造物之玉): including tool, apparatus, equipment, system, computer system, networked computer system;

[3] Manufacture (玉造之器): including article of manufacture, component, device, assembly, computer readable medium;

[4] Composition of matter (金): including chemical element, chemical composition, functional descriptive material (i.e. combination of data structures and computer programs); or

[5] Any new and useful improvement thereof from [1, 2, 3, or 4].

[6] Plant (科): including all the aspects of any plant, especially food and medicine.

Types of Patent Novelty:

[1] Absolute Novelty: No such any earlier public disclosure is allowed before patent filing.

[2] Relative Novelty: Within a time limit, earlier public disclosure is allowed before patent filing.

[3] Local Novelty: Novelty only effective for prior arts within a limited geo-political region or area.

Commercial Rights:

Created on 14Aug2011, updated on 14Aug2011.

© August 2011. Kok-Wah LEE @ Xpree Li. All rights reserved.

[1] Negotiation right / offer right

[2] Secret keeping right / information non-disclosure right

[3] Producing right / manufacturing right

[4] Merchandizing right / trading right / marketing right

[5] Derivative right / further processing right

[6] Franchising right

[7] Distributing right

[8] Advertising right

[9] Representative right / sales agent right

[10] Selling right

[11] Buying right

[12] Future selling option right

[13] Future buying option right

[14] Renting right / leasing right

[15] Hire purchase right

[16] Licensing right

[17] Tendering right

[18] Stock keeping right

[19] Book keeping right / account keeping right

[20] Account auditing right

[21] Recycling right / buy-back right

[22] Resource supplying right

[23] Import right

[24] Export right

[25] Currency adoption right

[ Section A.II ] Publications (Copyrights of Literary Works) :

Books, Articles, Manuscripts, Correspondence, Surveys, How-To, Proceedings (Conference, Symposium, Workshop), Letters, Journals, Transactions, Dissertations, Theses, Technical Reports, etc.

N.B.: Types of Paper Status

(a) Unpublished

(b) New submission

(c) Resubmission

(d) Revision (1st, 2nd, 3rd, etc.)

(e) Acceptance

(f) Publication

(g) Rejection

(h) Redirection to other editorial office for publication upon improvement, rename, etc.

[ Section A.III ] Human Rights :

Life, Liberty, Security, Freedom (No Slavery, Movement, Religion, Expression, Assembly, Association, Employment, Trade Union), Equality, Fair Judgment, Nationality, Marriage Right, Property Right, Government Participation, Election Right, Rest & Leisure, Care (Health, Motherhood, Childhood), Education, Culture, Moral Right, Privacy Right, Publicity Right.

N.B.: Universal Declaration of Human Rights

OHCHR (The Office of the High Commissioner for Human Rights), United Nations (UN).

http://www.un.org/Overview/rights.html

http://www.unhchr.ch/udhr/index.htm

[ Section A.IV ] Experts of Research Evaluation :

[1] 1790 Analytics LLC

Patent Analysis, Intellectual Property Evaluation

http://www.1790analytics.com

Part B : IPs (Intellectual Properties)

[ Section B.I ] Copyrights of Computer Programs :

N.B.: ^*1 Author due to idea conception; ^*2 Author due to analytic evaluation; ^*3 Author due to reduction to practice;

^*4 Author due to novel supervisory advice; ^*5 Author due to nominal supervision; ^*6 Author due to fund raising.

This page contains Chinese characters.

E. & O. E. = Errors and Omissions Exempted

E. & O. E., + E. = Errors and Omissions Exempted, plus Estimations

(免责于可能有的错误、遗漏及估计失准。)

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Ended-3 on 10.10.2021 （辛丑年九月初五日·双十节111回合）

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