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The case of KK Sony Computer Entertainment and Another v Pacific Game Technology (Holding) Ltd [2006], concerned the infringement of copyright in computer games systems under the name of ‘PlayStation’. The first claimant was a Japanese company and the second claimant was its UK subsidiary. Both claimants were corporate incarnations of the well known Japanese electronics group, Sony.

One of Sony’s products was the latest version of its highly successful family of computer game systems marketed under the name ‘PlayStation’ which the second claimant marketed and sold in over 100 countries, including countries within the European Economic Area (“EEA”). In respect of those computer game systems Sony owned:

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In many small businesses, intellectual property is an overlooked asset. The goodwill from your company name, computer programs you have written, articles, manuals, or books that you have written, logos, advertising copy, methods you have used or processes to create your products or services, all should be closely examined in conjunction with a qualified intellectual property attorney, to decide how much value they are to your business, and how they should be properly protected.

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The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright.

Copyright Protection? - Yes

Copyright protects “original works of authorship” in a tangible, fixed form of expression. The material does need to be directly perceptible as long as it can be expressed with the aid of technology. A good example of this is a movie, which requires a projection device of some sort.

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Infringement. File sharing. Piracy. Counterfeiting. Plagiarism.

Whatever you call it, the theft of copyrighted material is just about impossible to control in our ever-expanding, ever-increasing digital age. In fact, there is a widely held belief that technology has made copyright impossible to enforce.

Take the entertainment industry, for example:

While all school children are taught the dangers of plagiarism of print materials when they write their first term papers, many of these same kids are some of the greatest offenders who believe that internet file sharing of their favorite music is their due simply for being fans of this or that rock or rap group.

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Intellectual Property (often just called “IP”) is a general term covering patents, trademarks, designs, copyrights, geographical indications and in some countries the concept of “unfair competition”. It is, as the name suggests, the intangible personal property arising from intellectual creation. Since intangible, owner of intellectual property cannot build a fence around it as with real estate or place it in a bank locker as with valuables. To address the situation, governments have created a variety of forms of intellectual property protection.

Types of Intellectual Property Protection

Some of the more common types of intellectual property protection are Patents, Trade Marks, Designs, Copyrights and Geographical Indications.

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It is not too risky to affirm that intellectual property will soon be History.

Rules designed for the paper era are not useful, enforceable and cost-economic in the
Web era.

Here are a few reasons:

1) Intellectual property is not designed for the Web times

I strongly believe that intellectual property will soon be history, not because
Anarchism will succeed over Capitalism, but because the Net Economy will find new ways
to control ownership of words and patents.

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Patent Selling
Why Sell:

A patent is your property and as such you have the legal right to do with it as you wish. Generally you would choose to sell your patent if you would;

1. Focus your attention on other ideas.

2. Turn over the entire rights to your patent and be done with the venture.

3. Generate a quick income from the sale.

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A patent owner has 4 basic choices they can make with their invention:

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Once you start conducting business, you are going to start running into the topic of intellectual property and trademarks. Understanding the role of a trademark will help you grasp why they are important.

A trademark is a unique form of intellectual property. Most intellectual property is created to protect the person or business creating it. A patent, for example, is designed to protect the inventor from having other parties use it without consent. Copyright works much the same way. A person who writes a hit song should receive compensation from it and copyright is designed to protect the person in this regard.

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Protecting your logo and so on with a trademark is a smart move. Ah, but what about protecting it in the United States AND internationally?

Filling for a trademark is a smart move for practically any business. Although the process can be lengthy, the final approval gives you the ability to stop competitors from using your mark to confuse consumers and perhaps steal them.

To obtain a trademark, one has to file an application with the Patent and Trademark Office. The application sets out the areas, known as classes, you wish the mark to apply to. Once the “PTO” approves your application, it is published for comment. Assuming no objections are raised, your trademark is approved. It is important to understand, however, the mark only applies to the United States.

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Society is currently moving through a transition from a community whose wealth is based in tangible goods, such as the means of production, to a community whose true wealth lies in intangible forms of property. We are moving toward a period where knowledge and ideas are more valuable than physical objects. Intellectual property, such as patents, copyright, trademarks and even trade secrets are what drive many of this country’s booming sectors. With widespread internet access, the creation of intellectual property is no longer restricted to large corporations or wealthy people who can afford to develop such property. Any person can develop value through a copyright, a patentable invention or a trademark. As intellectual property continues to grow as a wealth creation tool, individuals will be faced with the challenge of determining the value of the property, and the effect that such property will have on estate taxes.

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