Copyright Notes.
A few notes on the subject of copyright.
Software used to be subject only to copyright. Rival companies could design a similar product as long as their programmers did not copy chunks of code off each other. Now the borders are blurred.
What is so unexpected is the effect these types of patents have had on business in the "new economy" world. The development of a wide- ranging software and business-methods patent portfolio is becoming a standard part of business models for internet and e-commerce-related companies in the US, and increasingly in Europe. It is worthwhile for internet companies to make the investment in applying for these patents, for a number of reasons.
First, patents are being granted so freely that the chance of obtaining a patent grant is high even if the novelty and inventiveness is doubtful. Once granted, even if the patent is weak, it is expensive to attack and therefore likely to survive without challenge.
- Copyright is the exclusive right of an individual to copy and otherwise exploit, among others, 'literary works' and 'artistic works'. It protects, for example, computer software, works of architecture, surface decoration applied to manufactured articles, text, manuals, drawings and other documentation, as well as the artistic aspects of product packaging. It protects the form or expression of a work rather than the idea underlying it. It lasts for the life of the author plus 70 years. Copyright comes into being automatically when the relevant work is created. It does not need to be registered. 3-D articles will only normally be protected if they are 'works of artistic craftsmanship'.
- Unregistered design right protects aspects of the shape and configuration of an article. The maximum life of design right is, in practical commercial terms, 10 years. The right subsists either from when the design is recorded in document form or from when an article is made to the design. The design may be copied in the last five of those years if the copier agrees payment of a reasonable royalty. That is the position under UK law. From 6 March 2002 an EU-wide unregistered right (but protecting similar types of designs to the registered right, as described below) came into effect. This provides protection for three years from the date the relevant design was made available in the EC. November 2003 saw the first Community design infringement ruling in favor of Mattel.
- Registered design right provides further protection for the appearance of the whole or part of a product arising from, for example, the lines, contours, colors, shape, texture or material of the product or its ornamentation. It can also protect desktop icons and graphical user interfaces (GUIs). The rights must be applied for and registrations can extend for up to 25 years, ie significantly longer than the unregistered right. Community law provides for an EU-wide registered right. From 1 January 2003, the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) has accepted applications for these registered 'community designs' and has been examining applications since 1 April 2003. Community-wide protection can be obtained with one application.