Computer Misuse act
This law is in place for people who download free “illegal” copies of programmes like Adobe Photoshop, Adobe illustrator or Adobe Flash player. Hacking, planting viruses on other computers and blackmail is also breaking the misuse of computers act and is punishable by a fine and five years imprisonment. Gary McKinnon was accused for hacking causing $700,000 worth of damage to military and nasa systems.
Data protection act
The data protection act works in two ways, the first one being that anyone that processes anybodies personal information, MUST follow the eight principles which help make sure that it’s:
· Fairly and lawfully processed
· Processed for limited purposes
· Adequate, relevant and not excessive
· Accurate and up to date
· Not kept for longer than is necessary
· Processed in line with your rights
· Secure
· Not transferred to other countries without adequate protection
The second way that this act works is that people who the personal information must allow the person who is entitled to this information to see it. If the person whose entitled to it though feels like they are being denied this or they feel that the information hasn’t been handled correctly (not following the eight principles above, they can make a complaint to the commissioners office for help on the matter.
Intellectual properties
Copyright
Copyright in general means a property right, meaning if you made the idea, it’s yours and only you can give permission for some one to use it. The following can be copyrighted:
·Original literary, dramatic, musical or artistic works
The only problem with this act is that it you can only copyright a fixed idea (product of your idea); basically, when you have actually made your idea.
Design Rights
This law gives you automatic protection for the interntal or external shape or configuration of your original idea. It allows you to stop anyone from copying you’re the shape or configuration of the idea but doesn’t give you protection from any 2D aspects that someone else may do with your idea (although you can stop this by using copyright or registered designs). It either lasts 10 years after the first marketing of products that use your idea or 15 years after the creation of your idea, which ever comes first. Although for the first 5 years you can stop anyone from copying the design however the rest of the time, the design is subject to a License of right. This basically means if anyone is entitled to a licence, they can make and sell a product copying that design. Design right though will only give you protection of your idea in the UK. Abroad you will have to apply for it but it would probably be a petty patent or registered designs systems.
Moral or Paternal rights
These rights are to authors of literary, dramtic, musical and artistic works and to film directors. These are used when to an author or director when e.g. copies of the work are issued to the public and to an objection of derogatory treatment of a piece of work or film which distorts, mutilates or is preducicial to the honour or reputation of the author or director. This is more to protect the the personality and reputation of the author or director. The right itself cannot beexercised unless the author or director have asserted it (which they usually have to this in writing). This is so nobody can use or exploit the work or film. Also, they have both the right to be identified and to object to derogatory treatment of their work. The also have the right not have a film or work falsely. However, there are afew situations where these rights do not apply:
- Computer programs
- Where ownership of work originally vested in an author’s employer
- Where material is used in newspapers or magazines
- Reference works such as encyclpedias or dictionaries
Trademarks
These are usually a sign that can distinguish a companie’s goods and services from their competitors. It can be words, logos or a combination of both in some cases. Trademark must be distinctive for the goods and services a company provides or in other words, it can be easily recognised as a sign that shows the companie’s differences in services and goods between other companies.
"Trademarks are not valid on the following conditions:
describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
have become customary in your line of trade;
are not distinctive;
are three dimensional shapes,
if the shape is typical of the goods you are interested in (or part of them),
has a function or adds value to the goods;
are specially protected emblems;
are offensive;
are against the law, for example, promoting illegal drugs; or;
Are deceptive. "
(interlectual property office, http://www.ipo.gov.uk/types/t-whatis.htm)
There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.
A registered trademark has to be renewed every 10 years to keep it in force. These standard trademarks make the vast majority of marks but some other marks indicate the standards of goods or that the owner of that mark are a member of a particular organisation. However, if the name of the company is registered with Companies House, it doesn’t mean that you mark is a trademark. A good example of a trade mark is of Churchill of Churchill insurance.
Patent
These protect new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. This gives the inventor the right to prevent other inventors from making, using, importing or selling the invention without permission. To get a patent:
- your invention must be new,
- has an inventive step that is not obvious to someone with knowledge and experience in the field,
- Has to be capable of being made or used in some kind of industry,
- Not be:
A discovery, theory or method in science and Mathematics
Literary, dramatic, musical and artistic works
Ways of performing a mental act,playing a game or doing business
Presentation of information or some computer soft wares
A variety of animal or plant
Methods of medical treatment or diagnosis
Against public policy or morality
If the inventor it granted this patent, he won’t have to renew it till the 5th year and after that, he will have to renew it every year for 20 years of protection.
Race relations act
This law makes it unlawful for a employer to discriminate against colour, nationality and ethnic or national origins. Even if discrimination is not done on purpose, this law still applies. The four main types of discrimination are:
- direct discrimination (deliberate discrimination)
- Indirect discrimination (provides criteria that or encouraging behaviour that disadvantage members of certain groups)
- Harassment
- Victimisation
The employers who allow this kind of thing to happen are breaking this law.
Disability discrimination act (accessibility)
This gives disabled people the rights to:
- employment
- education
- access to goods, facilities and services, which includes larger private clubs and transport services like buses and taxis
- to buy or rent land or property which includes making it easier for disabled people to rent property and that the tenants make adjustments to properties for disabled people
- the functions of public bodies e.g. issuing of licences
The equality of opportunity for disabled people is what this act is trying to promote. This also allows the government to set minimum standards on public transport for disabled people.
Biblography:
http://wild-doctors-designs.blogspot.com/
http://heathysdesignblog.blogspot.com/
http://news.bbc.co.uk/2/hi/uk_news/4905036.stm
http://www.ico.gov.uk/what_we_cover/data_protection/the_basics.aspx
http://www.ipo.gov.uk/cdpact1988.pdf
http://www.ipo.gov.uk/types/design/d-about/d-designright.htm
http://www.ipo.gov.uk/c-otherprotect-faq-moralrights.htm
http://www.ipo.gov.uk/types/t-whatis.htm
http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm
http://www.direct.gov.uk/en/Employment/DiscriminationAtWork/DG_10026667
http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068
