INTELLECTUAL PROPERTY (IP) refers to creations of the mind, such as inventions; literary and artistic works;

designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn
recognition or financial benefit from what they invent or create. By striking the right balance between the
interests of innovators and the wider public interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner
with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the
patent owner makes technical information about the invention publicly available in the published patent
document.
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs,
databases, advertisements, maps and technical drawings.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other
enterprises. Trademarks date back to ancient times when artisans used to put their signature or "mark" on
their products.
Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized
acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices
by others is regarded as an unfair practice and a violation of the trade secret protection.

KEY INTELLECTUAL PROPERTY ISSUES

Issues that apply to intellectual property and information technology.

1. Plagiarism is a type of intellectual theft. Plagiarism can take many forms, from deliberate cheating to
accidentally copying from a source without acknowledgement. Consequently, whenever you use the words or
ideas of another person in your work, you must acknowledge where they came from.

 Stealing someone’s ideas or words and passing them off as one’s own
 Many students:
-Do not understand what constitutes plagiarism.
-Believe that all electronic content is in the public domain.
 Plagiarism is also common outside academia.
 Plagiarism detection systems
- Check submitted material against databases of electronic content.

2. Reverse engineering, sometimes called back engineering, is a process in which software, machines, aircraft,
architectural structures and other products are deconstructed to extract design information from them. Often,
reverse engineering involves deconstructing individual components of larger products. The reverse
engineering process enables you to determine how a part was designed so that you can recreate it. Companies
often use this approach when purchasing a replacement part from an original equipment manufacturer (OEM)
is not an option. The reverse engineering process is named as such because it involves working backward
through the original design process. However, you often have limited knowledge about the engineering
methods that went into creating the product. Therefore, the challenge is to gain a working knowledge of the
original design by disassembling the product piece-by-piece or layer-by-layer.
Reverse Engineering

 Process of taking something apart in order to:

- Understand it
- Build a copy of it
- Improve it

 Applied to computer:
- Hardware
- Software
 Convert a program code to a higher-level design.
 Convert an application that ran on one vendor’s database to run on another’s.
 Compiler
-Language translator
-Converts computer program statements expressed in a source language to machine language.
 Software manufacturer
-Provides software in machine language form.
 Decompiler
-Reads machine language
-Produces source code.
 Courts have ruled in favor of reverse engineering:
-To enable interoperability.
 Software license agreements forbid reverse engineering.
 Ethics of using reverse engineering are debated
-Fair use if it provides useful function/interoperability
-Can uncover designs that someone else has developed at great cost and taken care to protect.

3. Open-Source Code

 Program source code made available for use or modification:

-As users or other developers see fit.
 Basic premise
-Many programmers can help software improve
-Can be adapted to meet new needs
-Bugs rapidly identified and fixed
-High reliability.
 GNU General Public License (GPL) was a precursor to the Open-Source Initiative (OSI).

4. Competitive Intelligence
Sometimes referred to as corporate intelligence, refers to the ability to gather, analyze, and use information
collected on competitors, customers, and other market factors that contribute to a business's competitive
advantage. Competitive intelligence is important because it helps businesses understand their competitive
environment and the opportunities and challenges it presents. Businesses analyze the information to create
effective and efficient business practices.

 Gathering of legally obtainable information.

-To help a company gain an advantage over rivals.
  Often integrated into a company’s strategic plans and decision making.
 Not the same as industrial espionage, which uses illegal means to obtain business information not
available to the general public.
 Without proper management safeguards, it can cross over to industrial espionage.

5. Trademark Infringement

 A trademark is a logo, package design, phrase, sound, or word that enables consumer to differentiate
one company’s product from another’s.
 Trademark owners can prevent others from using the same mark or a confusingly similar mark on a
product’s label.
 Organizations frequently sue one another over the use of a trademark on a Web site or domain name.
 Nominative fair use is a defense often employed by defendant in trademark infringement case.

6. Cybersquatting

 Cyber squatters
-Register domain names for famous trademarks or company names
-Hope the trademark’s owner will buy the domain name for a large sum of money.
 To curb cybersquatting, register all possible domain names
-.org, .com, .info.
 Internet Corporation for Assigned Names and Numbers (ICANN)
- Several top-level domains (.com, .edu, edu., .gov, .int, .mil, .net, .org,
aero, .biz, .coop, .info, .museum, .name, .pro,
.asis, .cat, .mobi, .tel, and .travel)
- Current trademark holders are given time to assert their rights in the new top-level domains before
registrations are opened to the general public
- Anti-cybersquatting Consumer Protection Act allows trademark owners to challenge foreign cyber
squatters.

EMPLOYER/EMPLOYEE ISSUES USE OF NON-TRADITIONAL WORKERS

Nontraditional workers, such as independent contractors, freelancers, and temporary employees, offer
flexibility, specialized skills, and cost-effective solutions for organizations. However, the utilization of
nontraditional workers also raises critical concerns regarding worker classification, legal compliance, labor
rights, and ethical considerations. Throughout this course, we will delve into the multifaceted aspects of
employing nontraditional workers. We will explore the legal frameworks surrounding worker classification, the
responsibilities and obligations of employers, and the rights and protections afforded to nontraditional
workers. We will also delve into the practical strategies for managing and engaging nontraditional workers
effectively. Nontraditional work arrangements refer to employment structures that deviate from the
traditional full-time, long-term employment model. These arrangements involve engaging workers in
alternative ways, offering flexibility to both employers and employees. Understanding the various types of
nontraditional work arrangements is crucial for navigating the employer/employee issues associated with
them.
Here are some definitions and types: non-traditional workers
Independent contractors: are self-employed individuals or businesses hired to complete specific tasks or
projects. They maintain control over their work and typically operate under a contract that outlines
deliverables, deadlines, and payment terms. Independent contractors are responsible for their taxes, benefits,
and equipment.
Freelancers: are self-employed professionals who offer specialized skills or services on a project-by-project
basis. They may work with multiple clients simultaneously and have the flexibility to choose the projects they
take on. Freelancers often negotiate their rates, manage their schedules, and are responsible for their own
taxes and benefits.
Temporary Employees: also known as "temps," are hired for a fixed period to meet short-term staffing needs.
They may be recruited through staffing agencies or hired directly by the employer. Temporary employees
often receive wages and basic benefits but may not have the same job security or long-term commitments as
full-time employees.
On-Call or Casual Workers: are individuals who work irregular or sporadic hours based on employer demand.
They are typically contacted as needed and may not have a guaranteed number of working hours. On-call
workers may include substitute teachers, event staff, or healthcare professionals who are called in when
necessary.
Gig Workers: also known as platform workers, perform short-term tasks or assignments through digital
platforms or apps. Examples include drivers for ride-sharing services, delivery couriers, or task-based
freelancers. Gig workers often have the flexibility to choose when and where they work, but they typically
operate as independent contractors and lack certain employment benefits.
Remote or Telecommuting Workers: perform their job duties away from the traditional workplace, often from
their homes or co-working spaces. They use technology to communicate and collaborate with their employers
and colleagues. Remote work arrangements can be full-time or part-time, offering flexibility in work location
and schedule.
Job Sharing: involves two or more employees dividing the responsibilities of a full-time position. Each worker
typically works part-time, sharing the workload and coordinating schedules to ensure coverage. Job sharing
arrangements can provide flexibility for employees while allowing organizations to meet operational needs.
Part-Time or Reduced-Hours Workers: have a work schedule that is less than the standard full-time hours.
They may work fewer days per week or fewer hours per day. Part-time employees often receive prorated
benefits but may have different entitlements compared to full-time employees.
CONTINGENT WORKERS H-1B WORKERS OFFSHORE
Contingent Workers
• The contingent workforce includes independent contractors, workers brought in through employment
agencies, on-call or day laborers, and on-site workers whose services are provided by contract firms.
• The exact number of contingent workers in unknown, but it probably represents 4 to 7 percent of the
U.S workforce, a total of 6 to 10 million people.
Advantage of using Contingent Workers
When a firm employs contingent workers, it usually does not pay for benefits such as retirement, medical cost,
and vacation time.
Disadvantage of using Contingent Workers
Contingent workers may lack a strong relationship with the firm, which can result in low commitment to the
company and its project along with a high turnover rate.
H-1B WORKERS
• An H-1B is a temporary working visa granted by the U.S citizenship and immigration service (USCIS) for
people who work in specialty occupations job that require a four year bachelor degree or higher in a
specific field, or the equivalent experience.
• Many companies turn to H-1B workers to meet critical business needs or to obtain essential technical
skills and knowledge that are not readily found in the United States.
H-1B APPLICATION PROCESS
• Most ethical companies make hiring decisions based on how well an applicant fulfills the job
qualifications.
• Such companies consider the need for obtaining an H-1B visa after deciding to hire the best available
candidate.
USING H-1B WORKERS INSTEAD OF U.S WORKERS
Most H-1B workers are brought to the United States to fill a legitimate gap that cannot be filled with the
existing pool of workers.
POTENTIAL EXPLOITATION OF H-1B WORKERS
Salary abuse occurs, even though companies applying for H-1B visas must offer a wage that is not five percent
less than the average salary for the occupation.
Offshore outsourcing
• Sometimes called managed services or facilities management is yet another approach to meeting
staffing needs.
• With outsourcing, companies receive services from an outside organization that has expertise in
providing a specific function.
WHISTLE-BLOWING
Whistle-blowing is a significant topic in any discussion of ethics in IT. Both issues raise ethical questions as well
as social and economic implications.
Protection for whistle-blowers
Whistle-blower protection laws allow employees to alert the proper authorities to employer actions that are
unethical, illegal, or unsafe, or that violate specific public policies.

OFFSHORING
“Outsourcing can be defined as designating the use of goods and services produced outside the enterprise.”
Outsourcing can occur within the country where the enterprise is located(domestic outsourcing) or abroad
(outsourcing abroad/offshoring)” (OECD, 2007).
Offshoring is defined as the transfer of worker’s productivity to abroad as part of outsourcing or as part of an
in-house transfer of work.
WHY OFFSHORING?
Offshoring allows US companies to capture economic values by creating markets jobs, and production of
goods in other countries.
OFFSHORING ARENA
Major jobs offshored are the fields of information technology, financial services, human resources, purchasing
and manufacturing.
TYPES OF OFFSHORING

 Production Offshoring
the relocation of physical manufacturing processes to another country while services offshoring is the
relocation of a company's administrative and technical services such as accounting and finance, human
resources, sales services, and software development.

 IT enabled Offshoring
 Innovation Offshoring
- a management practice that sources innovation input abroad and coordinates innovation activities across
borders either within firms or with external partners.
MODELS OF OFFSHORING
 Global Shared Services- Mass insourcing, something like captive centres, this followed primarily to
combine internal operations to large centers.
 Hybrid Model- Known as “Dual Shore” -30% work onsite(requirement gathering, client interaction) and
70% offshore( coding, testing and fixes).
 Multi-sourcing model- Having multiple off-shores to get wide range solutions or “best-of-breed”
strategy.
 Global Delivery Model- Also termed as blended outsourcing, this model has advantage of backup
delivery locations in case of failures.
 Build-operate-transfer Model(BOT)- company can create a shared services or development center in
offshore and manage it for a limited period of time by signing a contract with an offshoring
corporation. This ensures quick time to achieve stability in the project progress.