Intellectual “Cyber” Property
The term "intellectual cyber property" is a combination of two related concepts: intellectual property and cybersecurity. Let's explore each of these concepts separately:Intellectual Property:
Intellectual property refers to legal rights granted to individuals or organizations for creations of the mind or intellectual endeavors. It encompasses a range of intangible assets, including inventions, designs, trademarks, copyrights, and trade secrets. Intellectual property laws aim to protect and provide exclusive rights to creators, inventors, and owners, allowing them to control the use, distribution, and commercial exploitation of their intellectual creations.
Intellectual property consists of tangible products of human intellect. Intellectual property law is aimed towards protecting against unauthorized use of intellectual property. Intellectual property products are "non-rivalrous" in that more than one person can use the same product without compromising the product's availability. While tangible property focuses on the right of exclusive possession, intellectual property rights focus on promoting creativity and invention to benefit the greater public good. In return for contributing to public advancement, applicable law protects authors and inventors and compensates them for the value of their work product. Intellectual cyber property includes, among others, software, images, graphic designs, and web pages.Common Types of Intellectual Property Include:
- Patents: These protect inventions, granting exclusive rights to inventors for a specific period.
- Copyrights: These protect original works of authorship, such as literary, artistic, musical, or architectural creations.
- Trademarks: These protect recognizable signs, symbols, or logos associated with goods or services, distinguishing them from others in the market.
- Trade Secrets: These protect confidential business information, formulas, processes, or strategies that provide a competitive advantage.
In turn, these categories could be subject to federal and/or state laws. For example, the United States Copyright Act, which is codified under 17 U.S.C. §§ 101-810 protects writings, software, graphical works, films and original soundtracks. Additionally, the Senate Judiciary Committee has recently been reviewing the Property IP Act of 2011, which would provide new methods of protecting cyber property. If the Act were passed into law, it could help strengthen the protections available for intellectual property on the Internet. This law targets websites that have, as their sole purpose, the facilitation of illegal property uses. For example, websites which provide links to download movies and songs illegally would fall into this category. Federal legislation also includes the Digital Millennium Copyright Act ("DMCA") which criminalizes the improper use of copyrighted material. However, false claims of infringement of intellectual property rights may be grounds for a lawsuit under 17 U.S.C. § 512(f).Cybersecurity:
Cybersecurity refers to the practice of protecting computer systems, networks, and digital information from unauthorized access, damage, theft, or disruption. It involves measures to prevent, detect, and respond to cyber threats and attacks, ensuring the confidentiality, integrity, and availability of information.Cybersecurity Encompasses Various Aspects:
- Network Security: Protecting computer networks and systems from unauthorized access, malware, and other threats.
- Data Protection: Safeguarding sensitive information from unauthorized disclosure, alteration, or destruction.
- Incident Response: Preparing and responding to cybersecurity incidents, such as breaches or attacks, to minimize damage and recover systems.
- Security Policies and Procedures: Implementing guidelines, protocols, and best practices to ensure secure operations and compliance with relevant regulations.
Putting it together, "intellectual cyber property" refers to the protection of intellectual property rights in the context of cybersecurity. It involves securing digital assets, preventing unauthorized access to intellectual property stored in digital form, and ensuring the confidentiality and integrity of intellectual property during digital transactions or communications.
The term "intellectual cyber property" may not be a widely used or recognized phrase in legal or technical contexts. However, understanding the concepts of intellectual property and cybersecurity is crucial for individuals and organizations to protect their valuable intellectual assets in an increasingly digital and interconnected world.
In addition, online piracy is also a continuing threat for intellectual property owners. A recent study found that online piracy costs intellectual property owners hundreds of billions of dollars. As online piracy continues to exist as a growing threat, it is even more important for intellectual property owners to take steps to protect their property interests in their inventions and works.