5.2.3 Intellectual property protection
Intellectual Property in Computing
Intellectual property (IP) refers to creations of the mind that have commercial value — including computer programs, databases, brand names and inventions. Without IP protection, creators of software and digital products have limited ability to recoup the investment required to develop them. Four mechanisms protect IP in the context of computer systems and software.
Methods of IP Protection
| Method | What it protects | How it works | Duration (UK) |
|---|---|---|---|
| Copyright | Original creative works: source code, software, documentation, images, music, written content | Arises automatically when a qualifying work is created — no registration required. Gives the creator exclusive rights to copy, distribute, adapt and sell the work. Others must obtain a licence to use it. | Life of author + 70 years |
| Patents | Novel technical inventions and methods: new hardware designs, innovative algorithms, technical processes | Requires formal application and registration with the Intellectual Property Office (IPO). The patent discloses the invention publicly in exchange for exclusive rights. Others cannot manufacture, use or sell the patented invention without a licence. | Up to 20 years |
| Trademarks | Brand identifiers: company names, logos, product names, slogans used in commerce | Can be registered (™ becomes ®) with the IPO for exclusive commercial use of the mark. Protects brand identity and prevents competitors from using confusingly similar names or logos. | Indefinite (renewed every 10 years) |
| Licencing | Controls how software and digital content can be used by others | A licence is a legal agreement granting specified rights to use IP under defined conditions. Software licences define: how many devices it can be installed on, whether it can be resold, whether source code can be modified, whether commercial use is permitted. | As defined in the licence agreement |
Software Licence Types
Software licences determine what users can legally do with software beyond simply running it:
- Proprietary (commercial) licence: the source code is closed; users cannot modify or redistribute. The software may only be used under the terms purchased. Examples: Microsoft Windows, Adobe Photoshop.
- Open source licence: the source code is publicly available; users may use, modify and redistribute it, typically with conditions. Examples: Linux, Python, Mozilla Firefox. Licences vary — some require derived works to also be open source (copyleft); others are more permissive.
- Freeware: free to use but the source code remains closed; modification and redistribution may be restricted.
- Shareware: free to try for a limited period or with limited features; payment required for full access.
Key Takeaways
- Copyright: protects original works (including software source code) automatically; no registration needed.
- Patents: protect novel technical inventions; require registration; exclusive rights for up to 20 years.
- Trademarks: protect brand identifiers (names, logos); can be renewed indefinitely.
- Licencing: defines how software may be used, modified and distributed; ranges from fully proprietary to fully open source.