Protecting Intellectual Property Rights in Software - Coursework Example

Protecting Intellectual Property Rights in Software Introduction The protection of intellectual property rights in the software market has become increasingly important. Research indicates that the digital age has made illegal duplication of software extremely easy to create and acquire (Banerjee 2003, p.97). A study conducted by Business Software Alliance in 2009 found out that illegal software market caused approximately $53 billion in damages globally. It is in this regard that protection of intellectual property rights has become very crucial in the software market so as to protect the industry from software pirates. This paper examines the types of copying and how they can be protected using the intellectual property rights protections such as patents, copyrights, and trademarks. To begin with, software market loses billions of dollars every year because of illegal copying. This has particularly been witnessed in Qatar where report shows that the country has lost millions of dollars to pirates in the software industry (Banerjee 2003, p.98). The duplication is usually done in two different ways namely software duplication and reverse engineering. Through these two methods, pirates have found it easy to duplicate the original works of others and use the pirated software to enrich themselves at the expense of the original producers (Banerjee 2003, p.98). In fact, presently most software shops in Qatar are full of illegally acquired software. However, as earlier stated, this is a global problem that needs joint effort through legislation of policies to protect the intellectual property rights in the software industry. However, there exist three different methods through which intellectual property rights in the software industry can be protected. These include patents, copyrights, and trademarks. All these methods protect software rights in different ways. A patent is one of the most common intellectual property rights protections. A patent is basically used to protect an ‘idea’, such as, how to produce given software. In this regard, Arai (2012, p.2) reveals that a patent can be used to protect software when it has an innovative idea aimed at enhancing productivity and efficiency. This is extremely important because it prevents the use of someone’s innovative ideas by malicious and unscrupulous pirates. A patent usually provides this protection by granting exclusive monopoly the right to produce, sell, and utilize the invention for twenty years (Banerjee 2003, p.99). Report indicates that the exclusive monopoly for production, use, and sale of the software are usually perceived as a reward for the effort and time spent in coming up with the new invention. Report by Business Software Alliance (2009, p.5) indicated that in countries like the U.S. in order for an inventor to obtain a patent, he or she must make a formal application to the Patent Office and prove that the invention for which protection through patent is being sought is actually new, important, and unique according to Banerjee (2003, p.99). Patents are indeed a very useful tool for protecting software. This is based on the fact it is capable of protecting program features that other methods such as trademarks and copyrights cannot (Banerjee 2003, p.99). This is because a patent can protect features such as an inventor’s ideas, methods, functions, algorithms, and systems personified in the software product. In this regard, it also provides protection to software features such as user-interface features, program language, editing functions, operating system techniques, translation methods, menu arrangements, and compiling techniques among others. Once a patent has been granted for a particular software, it immediately becomes illegal for anyone to produce, use, or sell such patented products without the consent of the owner. Therefore, any contravention amounts to a breach of the law, which usually results into penalties and damages and sometimes may result in incarceration (Arai 2012, p.2). It, therefore, becomes very important for anyone who produces new software to consider obtaining a patent, as this will help in protecting the software from pirates who are robbing artists today millions of dollars yearly (Banerjee 2003, p.102). Copyrights are another intellectual property rights protection method for software products. Basically, a copyright provides protection to ‘expressions’ such as video games, books, and films. Arai (2012, p.2) notes that a copyright protects software is in itself an ‘expression’ by a source code. In this regard, in the software market, a copyright the object, source code, and the original features of the user interface. As is the case with patent, a copyright also provides some exclusive rights to the inventor. This is because it grants the owner an exclusive monopoly to copy the software, modify, create derivatives, and sell the sale of the software to the public (Business Software Alliance 2009, p.11). As a result, anybody exercising these exclusive rights granted to the owner amounts to an infringement, which is punishable by law. This is because anybody found infringing on these rights accorded to the owner is liable statutory fines and damages. Like was the case with patents, the exclusive monopoly granted under the copyright law is meant to reward the author for the inventive and creative effort for the piece of work copyrighted (Business Software Alliance 2009, p.12). The duplication control afforded by copyright helps protect the inventor or author of a given piece of software against competition that is likely to come into play from exact copying of the source code. For instance, several illegally copied software is sold in the market by unscrupulous vendors. For instance, today it becomes very difficult for a consumer to differentiate easily between a copied software and original. This is because, with the digital age it has become exceedingly easy for pirates to copy software in a manner that resemble the original software, word for word (Arai 2012, p.3). As a result, once this illegally copied software reach the market it becomes difficult for consumers to differentiate them from original thereby offering stiff competition. This actually robs authors millions of dollars as reported by Business Software Alliance in (2009, p.16). However, all this can be protected by obtaining a copyright for any given piece of software. The other good thing with copyright law is that it also protects software against express copying such as illegal translation of source code into different programming language. It is also notable that a copyright protections comes into effect immediately upon the development of an original work of authorship (Arai (2012, p.6). In this regard, unlike with patent where the owner must apply for patent protection, there is no mandatory requirement of application for a copyright to get the work protected. In addition, a copyright usually affords protection to software products for a period of about seventy-five years. Finally, trademarks are also another way through which intellectual property rights are protected. A trademark refers to a brand name, sign or expression use to identify a given product or service. Trademarks are also used for differentiating a given product from the rest. This is because it is unique to a particular product or service. In this regard, trademarks are usually used to prevent the promotion and sale of goods and services using a symbol, name, or design that looks rather similar and confusing. However, unlike patents and copyrights, trademarks does not prevent one from producing or selling a similar good or service as long as the marks are different and not confusing (Arai 2012, p. 19). As regards software protection, trademarks helps in preventing others from using a symbol or name that has already being registered by an author of a particular software. In this regard, once an inventor has registered a certain mark, the laws preclude another person from using a name, which looks similar and confusing to the one that has already been registered by another author. In fact, there has been a tendency of some people adopting names that look almost similar and confusing to another already adopted by a reputable organization in order to benefit from the confusion. For instance, it is confusing to adopt name such as Nero and Nero’ because customers may confuse one for the other. This is where trademarks rights comes in to prevent the use of names and symbols that look alike (Banerjee 2003, p.99-102). Conclusion It is true that the digital age has made copying of other people’s works easier than before. As such, it has become very necessary for inventors and authors of software to consider seeking protection from the intellectual property protection, as a way of guarding their inventions against pirates that are increasingly taking advantage of the digital revolution. References Arai, Y 2012, Intellectual property right protection in the software market. Aomori Public College 153-4, Yamazaki, Goushizawa, Aomori-city, Aomori 030-0196, Japan. Pp. 1-20. Banerjee, D 2003, “Software piracy: a strategic analysis and policy instruments,” International Journal of Industrial Organization, Vol. 21, pp. 97–127. Business Software Alliance 2009, “BSA Global Piracy Study,” http://www.bsa.org/usa/research (Accessed 4 April 2013). Read More