|
Software Patents Under TRIPs Agreement
The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27, is occasionally referenced in the political debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology. Article 27 of TRIPS Article 27 paragraph 1 of TRIPS provides for that: The only allowable exceptions to this provision are laid down in paragraphs 2 and 3 of the same Article 27, and neither software nor computer programs are mentioned therein. The following elements may be excluded from patentability by WTO members under TRIPs: * (...) inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ''ordre public'' or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Conventio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patent Law
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive On The Patentability Of Computer-implemented Inventions
The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions (Commission proposal COM(2002) 92), procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aiming to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria. The European Patent Office describes a computer-implemented invention (CII) as "one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program". The proposal became a major focus for conflict between those who regarded the proposed directive as a way to codify the case law of the Boards of Appeal of the European Patent Office (unrelated to the EU institutions) in the sphere of computing, and those who asserted that the directive is an extension of the pate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aerotel V Telco And Macrossan's Application
''Aerotel v Telco and Macrossan's Application'' is a judgment by the Court of Appeal of England and Wales. The judgment was passed down on 27 October 2006 and relates to two different appeals from decisions of the High Court. The first case involved granted to Aerotel Ltd and their infringement action against Telco Holdings Ltd and others. The second case concerned filed by Neal Macrossan but refused by the UK Patent Office (now operating as the UK Intellectual Property Office). The reasoning in the judgment forms the basis for the current practice of the UK Intellectual Property Office, when assessing whether patent applications are for patentable subject matter. The approach applied in the judgment has been criticized by a Board of Appeal of the European Patent Office (EPO) as being "irreconcilable with the European Patent Convention". [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Literary Work
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include oral literature, much of which has been transcribed. Literature is a method of recording, preserving, and transmitting knowledge and entertainment, and can also have a social, psychological, spiritual, or political role. Literature, as an art form, can also include works in various non-fiction genres, such as biography, diaries, memoir, letters, and the essay. Within its broad definition, literature includes non-fictional books, articles or other printed information on a particular subject.''OED'' Etymologically, the term derives from Latin ''literatura/litteratura'' "learning, a writing, grammar," originally "writing formed with letters," from ''litera/littera'' "letter". In spite of this, the term has also been applied to spoken or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Program
A computer program is a sequence or set of instructions in a programming language for a computer to execute. Computer programs are one component of software, which also includes documentation and other intangible components. A computer program in its human-readable form is called source code. Source code needs another computer program to execute because computers can only execute their native machine instructions. Therefore, source code may be translated to machine instructions using the language's compiler. ( Assembly language programs are translated using an assembler.) The resulting file is called an executable. Alternatively, source code may execute within the language's interpreter. If the executable is requested for execution, then the operating system loads it into memory and starts a process. The central processing unit will soon switch to this process so it can fetch, decode, and then execute each machine instruction. If the source code is requested for execution, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Information Technology
Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology system (IT system) is generally an information system, a communications system, or, more specifically speaking, a computer system — including all hardware, software, and peripheral equipment — operated by a limited group of IT users. Although humans have been storing, retrieving, manipulating, and communicating information since the earliest writing systems were developed, the term ''information technology'' in its modern sense first appeared in a 1958 article published in the ''Harvard Business Review''; authors Harold J. Leavitt and Thomas L. Whisler commented that "the new technology does not yet have a single established name. We shall call it information technology (IT)." Their definition consists of three categories: techniques for pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Science
Computer science is the study of computation, automation, and information. Computer science spans theoretical disciplines (such as algorithms, theory of computation, information theory, and automation) to Applied science, practical disciplines (including the design and implementation of Computer architecture, hardware and Computer programming, software). Computer science is generally considered an area of research, academic research and distinct from computer programming. Algorithms and data structures are central to computer science. The theory of computation concerns abstract models of computation and general classes of computational problem, problems that can be solved using them. The fields of cryptography and computer security involve studying the means for secure communication and for preventing Vulnerability (computing), security vulnerabilities. Computer graphics (computer science), Computer graphics and computational geometry address the generation of images. Progr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.svg "Click for more on -> Software Patent Law")
