The Relevant Legislation and Standards in Intellectual Property in Australia - Assignment Example

Assignments xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Name xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Course xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Lecturer xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Date Assignment A 1. The relevant legislation and standards in intellectual property in Australia Intellectual Property Relevant Legislature Relevant standards Patents Patents Act 1990 1. Inventive 2. Useful 3. New 4. Distinctive Trademarks Trade Marks act 1995 1. Distinctive Designs Designs Act 2003 1. New and distinctive Plant breeder’s rights Plant Breeder’s Rights Act 1994 1. The varieties should be new or recent work 2. The new variety should be distinct, stable and uniform Copyright Copyright Act 1968. Amended- the Copyright amendment Act 2006 1. Original 2. Distinctive Circuit layout rights Circuit Layout Acts 1989 1. The layout must be fixed in a form of material 2. Be original 3. Distributed through trade Confidentiality/trade secrets Trade Secrets Act 1. Original 2. Adherence to the organization policy in relation to intellectual property Securing adherence organizational copyright policies is the main antecedent of successful functioning and coordination within the organization. It is important to note every organization has developed a particular standard related to its activities and copyright. The policies are vital in the running of an organization as it ensure integrity is maintained in the organization and its relation with the working world. It is therefore, important the employees and management adhere to the current legislation and organizational policy in their work. This is crucial in order to ensure compliance with the regulation and the laws. In the IT industry, for instance, the organization may have a policy that requires an employee to adhere and respect the computer software copyrights. In adhering to such rights, an employee is expected to adhere to the terms of the software license to which the organization is a party. In addition, the employee should not duplicate any licensed software or any other related documentation (Halbert 2005). The employee is also expected to use the software or equipment in the organization with a manner that is consistent with applicable license agreement. This includes, for instance, receiving and giving software and equipment form contractors, clients and customers. As such, the organization should acquire, distribute, use and transmit software in accordance to the conditions that accompany a specific software product. Freedman (2008) asserts that it is also expected that the employees should promote the organizational policy in the work place. In doing this the employee may attend seminar, workshops and training that are held in the organization in order to promote organization policy. This indeed, will increase the employees’ awareness of the policies that are within the organization. The employees will be able to understand the organization policies, identify all the procedures that come with all the policies and are at a position to know the disciplinary actions that are as a result of non-compliance. In order to adhere to the organizational policy, an employee should promote the policy as he undertakes his duties. One way of promoting these policies is by assisting the work mates in adhering to the policies. This will call for correcting the work mate in case of a failure in adhering to the laid procedure. Indeed, this will create an environment that will ensure that the organization is able to maintain the policies in relation to the intellectual property. Another way of adhering to the organization policy is through protection. The employee is partially responsible for protecting the policies from internal and external interferences. The external forces consist of multiple factors that are related to the functioning of the organization. However, it is important to note that most of these external forces are mainly handled at the managerial level though an employee may assist when need be. The internal forces may be related with the employees’ relation in the workplace. The employees should ensure that the work place environment promotes the policy. 3. Adherence to the CSU organizational copyright policy as an IT staff The institution provides extensive range of communication and computing facilities for various uses by students, staff and authorized users. Indeed, as an IT staff it is obvious that one should adheres to the policy of the institution in relation to intellectual property. The institution has reserved the right to implement the appropriate measures in order to manage the communication and computing facilities and policy in an effective and efficient way and enhance and maintain the security of its network. As such, as an IT staff it is expected that one should maintain and enhance the integrity and security of the institution communicating and computing network. This is necessary in order to fulfill the corporate responsibilities and obligations and the University missions. It is also expected that as IT staff, one should authorize students or other authorized users to copy copyrighted materials. However, there are some instances that may call for this such as copying people’s work for specific purposes, for instance legal advice, reporting news, satire or parody, review or criticism, study and research (Halbert 2005). As an IT staff, permission is granted for copyright material information regarding classroom materials. The right procedure of the same should be followed in details. For instance one should ensure that copyright officer is contacted. The copyright officer on the other hand makes sure to obtain a written permission from the university (who are the copyright holder) before they can engage on any reproduction of the material. Bearing in mind that the process of permission acquisition may take long incase of like the is need to file a forms and the like, it is therefore wise to undertake it well in advance to ensure no temptation of quick fix dealings (Schwabach 2007). Copyright policy is as well protected by making sure that any contracts of employment allow for IP created that relates to the employment to be vested in the employer. Additionally, for an IT staff to adhere adequately to the university`s copyright policy, he/she should have a thorough knowledge of the same. This is a major way of taking the responsibility of adherence to the same. In this regard, one is able to know when they are breached and how to help others adhere to it. Furthermore, an IT staff should enhance the university copyright policy adherence by teaching or rather sharing the knowledge of the same with students and other staffs. As such, the inhabitants of the school are knowledgeable on what is copyright policy as well as being able to know what to do or not regarding it (Ali 2008). Assignment B 1. Copyright policy of IT staff The purpose of the policy To provide a synopsis of copyright management process and compliance issue as related to the uses of copyright confined content for the organization. To offer consistent information, advice and processes for the copyright related matter of the organization. Summary of the Australian Copyright Law The Australian copyright law does create incentives for individuals to invest their talent, time and other resources in creating innovative material which benefits the society. The copyright law is in the Copyright Act 1968 (Cth). This legislation is carried out throughout Australia. Despite the fact that the Act dates 1968, the copyright applies from all materials that have been created before and after the date. The Act has regularly been amended to bring it up to date with evolving concerns and technologies. The Australian courts decide the interpretation and application of the Act (Harris 2009). The copyright protects computer programs, textual material, compilations, dramatic works, artistic works, cinematograph film, broadcasts and published editions. The copyright does not protect concepts, styles, information, techniques, ideas, names, slogans, titles and people. The protection is automatic and there is no system for registration. The copyright last for a life time of a creator with a few exceptions; where something was earlier published anonymously; work was not performed, broadcast or published during the lifetime of the creator. At the moment the general duration of a copyright is a lifetime of the creator plus 70 years. Procedure The organization will send a permission letters to the copyright owners when the material has to be used by the staff. Frequently asked questions Is there a difference between the copyright owner and author? Is the work protected by the copyright? Is the staff using the copyright in the right way? Has the duration of the copyright expired? Review schedule The procedures and policies will be reviewed in a regularly basis. The review of the policy will take place the first week of the financial week after every three years. The fairing dealing rises if the material is for necessary for study or research, review or criticism, satire or paradox (OAIC 2010). Licensing information The information will be obtained from the any digital licensing agreement with publishers, vendors, content owners and aggregators. References section http://www.craftaustralia.org.au/about/copyright. http://www.ipaustralia.gov.au/get-the-right-ip/copyright/ Contact person in the organization The contact person for the copyright matters will be the legal advisor to the organization Assignment C 1. Relevant standards and legislation How it assists to achieve organization outcomes Copyright The Act assists in protecting the organization from infringement of copyrighted work. This is because most copyright owners do protect their original work for being copied with permission or agreement. The creators have the right to take action against individuals or organization that accesses their work. Therefore, in order to avoid law suits and litigation, the organization need to have a Copyright Act. 2. Procedures and policy of the organization Employee conduct policy-establishes the responsibilities and duties each employee needs to adhere as a condition of employment Attendance policies-they set guidelines and rules surrounding the employees’ adherence to the task schedules. They define how employees should schedule time and a notification in case of lateness or absence from job. Equal opportunity policy Substance abuse policy Health and safety policy Procedures; all the employees will be certified in first aid and behavior management techniques. Compensation claim policy and procedure Return to work policy Recruitment and election policy and procedures 3. Code of ethics Respect the opinion of all employees Recognize the authority Participate in decision making when necessary Refer complaints to the right person Be well informed on the development taking place in the organization Maintain the policy and procedures as set by the organization. Maintain confidential process and tasks Do not interfere with the smooth running of the organization and the duties of other employees Work to better the job Be punctual 4. Classifications Type of information Classification public sensitive Private confidential Employees’ resume x X Project plan installation x x Internal memo x X x Employee password X x Administrative password x X x Ledger X x Clients order detail x Annual report x Policy letter x X x CEO trip itinerary x x 5. Ways to maintain confidentiality and proprietary rights of stakeholders in an organization Every organization needs to come with various ways to maintain confidentiality in its activities. Confidential information relates to any subject that is either or not stored in any form. Confidential information includes employees’ details, clients’ order and payment transactions. Security measures that are appropriate to the information need to be put into place in the organization. Setting specific requirements on the intended recipients is one way of maintaining confidential information. This may be done through notices and confidentiality agreements/letters such as faxes, documents and emails. These requirements need to be imposed before the confidential information is disclosed. The requirements ought to be appropriate and clear to the concerned information and the purposes that it is intended to fulfill (Duggan 2010). For instance, an employees’ contract may have confidential clauses that need to be read and signed by a new employee before starting the employments. The expressed confidential requirements and agreements are critical tools in protecting the information available. In case of wrongful disclosure or use of the confidential information, may lead to damage of claims. The organization should have a confidential or privacy policy. All the employees should be aware of this policy. Awareness may be created through training and holding seminars for employees. In addition, the employees need to be reminded of this policy in regular basis. Another way that the organization can protect confidential information is by identify and labeling such information. This may be done through labeling the information as sensitive, private, confidential and public. This will assist in treating the information in accordance to its label. Information that falls under sensitive, confidential and private should be stored in places where it is not easily accessible by unauthorized persons. One may not be stored in unlabelled disk that is scattered everywhere in the office (NSW Public Service Commission 2012). The organization may apply secure means in communicating confidential information. The utilization of encryption software is recommended to transfer information that is only intended for authorized personnel. Failure to use secure channels may results to the information landing on the wrong hands leading to disclosure of information to the public. The organization should ensure that the recipient of the information is well informed on the way the confidential information should be treated and the requirements that are necessary in handling the information. The information to be disclosed to any third party should be done so with a reasonable necessity. Chief employees who have access to proprietary information ought to sign restrictive non-complete, nondisclosure or confidentiality agreements. This prohibits the employees from revealing the information to anyone or outsiders or even uses the information to compete with the other employees in the work place. The agreements are mainly enforced by the court. Other ways that an organization may protect the information from being accessed by the competitors or outsiders include creating a complete plan that ranges from data protection, employee access, securing meeting rooms and phones lines. A chief information officer may be effective personnel to implement the plan. Assignment D 1. Privacy policy for a website selling goods online Collection of data Data is collected from the clients and visitors through actively and passively submitted data. The actively submitted data refers to that collection of data that a client register as a user in order to request information from the selling companies. The data collected include the name, address, telephone number, residency and other basic information from the client. Payment information is also collected. Passively tracked data usually use track information such as IP address of the computer, internet provider and address of the web sites. Information collected accordance to the applied technology (Monash University 2010). Information to be collected In actively submitted data the information to be collected include the clients’ details such name, telephone number, area of residents and other basic information. The mode of payment will also be collected (ACS 2012). Purpose The data is collected for administering and improving our services, to understand the preferences of the clients, to determine the overall effects of our advertising process in the websites. The information collected will be stored in accordance to its importance. For instance, confidential information involving the clients’ is to be stored in areas labeled as confidential. Such information ought to be handled in confidentiality. Sharing of confidential information should be restricted only to authorize personnel. This is important as some information is sensitive and private. Sharing the information to the third party should be done with a reason that necessary. Some information that is accessible to the public is subject to change by a willing client. However, some confidential information that is labeled private and sensitive may not be accessed by the public. This is not subject to change by the clients. In using credit cards as a method of payments the organization will make sure that the information is confidential and security is maintained. 4. a. Email to the employee Dear employee, We have received the complaint filed as a department. To pursue this you need to file another complaint to the Head of Information in order to follow the case accordingly. We are apologies for the damage caused. Yours sincerely, Amy Grant. Receptionist b). According to the privacy policy, confidential information should be stored in a place unauthorized personnel should not access. In this case there is evidence of a breach. c). register No Date Mode of complaint Nature of complaint comments Action taken 1 5/6/12 Email Privacy breach Client complain of inappropriate storage of information Directed to the Head of Information 5. Information Type of information Integrity confidentiality security Availability Client contacts database Digital signature Encryption firewall Backup Trade secrets Digital signature Encryption firewall Backup Sales data Digital signature Encryption firewall Backup Employees details database Passwords Encryption firewall Backup Copyrighted work Digital signature Encryption firewall Backup Assignment E 1. Ensure application of privacy policy Work place Yes No comments Install updates and firewalls and security software x will ensure privacy policy is followed Utilize strong passwords x Privacy policy is applied Share USB sticks with families and colleagues x Privacy policy is not applied Change passwords after 72 days x Will protect the information Staff to pick their printed materials from the reception x Confidential information may be protected Unable save password option x People will access information Do not secure laptops as it will be an inconvenience to unlock again x It is necessary to provide information Use password on screen saver x Unauthorized people will not access the information Encrypt confidential files x Will protect information Don’t open questionable email x Some information may be confident Utilize junk email filter in Outlook x To dispose email safely 2. Security controls Criterion Physical electronic administrative Integrity Locks Data signature policies Availability Doors Access control lists Guidelines Confidentiality Alarms Data signature Privacy laws 3. The full plus differential backup approach and GFS tape rotation will provide data security in accordance to organizational requirement. These approaches protect crucial information from getting lost or stolen. In addition, the information will be held from misuse from unauthorized modification, disclosure or access. Assignment F 1. Code of ethics Respect All employees should respect each other and avoid negative criticism while communicating with the colleagues and clients. Discrimination All the employees should not practice, collaborate, condone or practice any form of discrimination Political and social action The employees should act to eliminate and prevent exploitation of and domination of group, persons on basis of national origin, sex, color, sexual orientation and gender identity. Failure to comply with the code of ethic will result to disciplinary measures. 4. Procedure in Sally case The code of ethic does outline that there employees should respect each other irrespective of the level of position in the organization. Therefore, Sally needs to report the incident to the Human Resources for the right procedure to be undertaken. Assignment G 1. Reviewing code of ethics Use of survey One may review the procedure of code of ethics by using questionnaires or survey. A survey will indeed, identify the areas that the employees require training and be able to identify areas that are unclear and will call for reviewing. The survey registered should be followed up in order to ensure that staff understands them. This will also assist in identifying areas that need training. After the training it is important to collect the employees’ signature as evidence to abide to them. This will minimize further conflict. 2. Questionnaire Kindly write in the space provided Use less than 100 words or each case. Department: 1. Is the code of ethics clear? Yes No Not sure 2. The code of ethics is easy to understand Yes No Not sure 3. Any deletions or addition that need to be done Yes No Not sure 4. Ways that the organization can promote awareness of the code of ethics 4. Grievances handling procedures The list should give a list of staff that the employees will contact in case of grievances. Identity grievances Correctly define the grievances Collect data Prompt redressal Implementation and follow-up References Ali, L 2008, Copyrights workss for employees. New York: Wiley ACS 2012, ACS. Sydney, Australia. Viewed 27 June 2012. http://acs.org.au/ Duggan, T 2010, Tips for gathering stakeholder feedback and reaction. Viewed 22 June 2012. http://www.brighthub.com/office/project-management/articles/93580.aspx# Freedman, J 2008, Intellectual property. New York: Wiley Halbert, D 2005, Resisting intellectual property. New York: Wiley Harris, L 2009, Developing a Copyright Policy. Viewed 15 June 2012. http://www.copyrightlaws.com/wp-content/uploads/2010/03/Info-Sheet-on-Copyright-3.pdf Monash University 2010, Monash University, Victoria, Australia. Viewed 15 June 2012. http://www.policy.monash.edu/processes/pol-proc-dev-rev-processes.html NSW Public Service Commission 2012, What is diversity. Viewed 27 June 2012. http://www.eeo.nsw.gov.au/guides/diversity_delivers/what_is_diversity OAIC 2010, OAIC, Australia. Viewed 20 June 2012. http://www.privacy.gov.au/aboutprivacy/what Schwabach, A 2007, Intellectual Property.strategy. London: Wiley & Sons, Inc Read More