Academic Integrity in a Digital Age

In the  previous sections we discussed about copyright and patent. As you all know when writing academic work, we use copyright. It means that the work of authors, artists and musicians, for are protected by copyright. According to Prabhala (2010) “Scientists and engineers, on the other hand, will typically have their inventions protected by a patent. Corporations that have invested in creating a brand can be protected by trademarks, while their business plans could possibly be protected as trade secrets. The work of product designers falls under a system known as industrial designs”. In this section we look at trademarks, industrial designs and geographical indications and link them to the education industry.

A trademark, as defined, is a recognizable sign, design or expression which is used to identify products or services of a particular source for others. It can be any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others. It is important to note that most of definitions rely on conventional trademarks, lately there have been unconventional marks where smell, colour and sound are also protected as part and parcel of trademarks. Trademarks are also used to protect Computer-related objects. These may include corporate brands and operating system logos.

Symbols like ®, TM and SM are used to represent the type of the trade mark. The  symbol ® and the abbreviation Reg. is used to tell the public that the mark is registered in one or more countries. The designations TM and SM are often used for trademarks and service marks that are not registered, and serve as informal public notices that a word, logo, slogan, design, or any other symbol, is being used as a mark and reflects the owner’s intent to claim trademark rights in the mark. The question might be where do we see such symbols being used in the education sector. In the trademark classification, education services are classified in Class  41 of the Nice Agreement Tenth Edition - General Remarks, Class Headings and Explanatory Notes - Version 2012 as described hereunder:

“CLASS 41: Education; providing of training; entertainment; sporting and cultural activities.

Explanatory Note

Class 41 covers mainly services rendered by persons or institutions in the development of the mental faculties of persons or animals, as well as services intended to entertain or to engage the attention.

This Class includes, in particular:

• services consisting of all forms of education of persons or training of animals;
• services having the basic aim of the entertainment, amusement or recreation of people;
• presentation of works of visual art or literature to the public for cultural or educational purposes.”

Trademarks are registered to provide an easier and more cost effective way to enforce the rights conferred by a trademark and prevent other traders from using the mark on the same or related goods and services.  When registering a trademark for goods or services, Businesses are effectively gaining a legal monopoly of their marks which gives them an advantage of adding value to the business because it can be used to protect the market share, and also can be licensed to third parties such as a franchisee, or it can it can be sold outright for a specified value. Trademarks also help to raise equity for the development of business. In various jurisdictions, trademarks may be sold, transferred and licensed with or without the underlying goodwill of the business associated with the mark.

Once it is acquired, a trademark can last for many years as long as it is being renewed every 10 years. Trademarks are governed by international convention such as the Paris Convention, Madrid Protocol and national laws such as the Trade and Services marks Act, cap 326, 1986, of Tanzania and Trade Marks Decree, Zanzibar. In Tanzania, trademark applications are filed and registered with the Tanzanian trademark office, a department of Business Licensing and registration Agency in Dar Es Salaam. The first registration period for Tanzania trademarks is seven (7) years. This can be renewed further for ten (10) years after expiration of the original or of the last renewal registration. While in Zanzibar the first registration is fourteen (14) years from which it can be renewed for further fourteen (14) years after expiry of the original or of the last renewal registration.

Industrial designs consist of ornamental or aesthetic aspect of an article. It may consist of three dimensional features such as the shape or surface of an article and two dimensional features such as patterns, lines or colour. Industrial designs are used to protect different kinds of industrial and handicraft products. These can be household equipments and electrical appliances, vehicles and architectural works as well as textile and leisure goods. Industrial designs are protected for a number of reasons. It can be from adding commercial value of a product and increase its marketability, promote fair competition among business entities as well as to encouraging creativity to the industrial and manufacturing sectors.

In order to be protected, industrial designs must be registered under industrial design law or it can be protected as unregistered design or as a work of art under copyright law, this depends on the particular national law and the kind of design. The duration of protection of industrial designs is five (5) years from the date of filling the application for registration. This can be renewed for two further consecutive periods of five (5) years upon payment of the renewal fee. Generally an industrial design protection is limited to the country from which the protection was granted.

Geographical indications are used protect goods that have a specific geographical position, and posses qualities, reputation or characteristics that are attributable to that place of origin. For example, agriculture products have qualities that are derived from their place of production and are influenced by specific local factors such as soil and climate. In education, there may be an invention of a teaching resource, in which it is used in a specific locale, the protection can be made through the use of available protective laws.

Geographical indications are protected in accordance with international and national laws under a variety of concepts including; special laws for protecting geographical indication or appellations of origin, trademark laws, laws against unfair competition, consumer protection laws and other specific laws. Geographical indications protections are useful for the countries because they have potential to add value and promote rural social-economic development. Most countries have a range of local products that correspond to the concept of geographical indication which need to be protected globally. A good example is basmati rice.

A geographical indication is registered for a period of ten (10) years and the registration may be renewed from time to time for a period of ten (10) years at a time.

Trade secrets

There are different ways from which the definition of trade secrets can be expressed. In this module trade secrets refer to any confidential information which a business entity owns for the economic advantages over competitors. It may consist of a formula, pattern, practice, process, design or a compilation of information which is not generally known to the public.

It is uncommon to disclose business information to others as this is done in order to keep one’s competitive edge in the business section. In most cases we hear about the good things of a ready-made product and how it is used and its effectiveness. Very little information is given on how that product has been made. If mentioned, it is only an added component that can show that the product is good for use. Trade secrets can allow business organizations to tell people about its secrets without making them public. This is due to the fact that businesses always have competitions, and leakage of this information can lead to a number of risks and problems.

Business entities can protect its confidential information (trade secrets) by non-compete and non disclosure contracts with its employees within the constraints of employment law. The law of protection of confidential information allows for perpetual monopoly of trade secrets, which means it has no expiration date as patents and trademarks. Since this can extend indefinitely, therefore it provides an advantage over patent and trademark protection which lasts only for a period of specific time.

Trade secrets are generally divided into two main categories; technical and business secrets. Technical secrets refer to works found in research and development, secret formulas, designs, computer source codes, manufacturing tools, and others which are similar. Business secrets cover the vast pool of sales, marketing, financial and accounting data as well as employee and administrative data. Generally it covers all sorts of information necessary for business management.  

Trade secrets are normally protected by the law of confidentiality. To protect trade secrets, a business entity must establish that the information is confidential, and ensure that anyone informed about it signs a contract known as Non-Disclosure Agreement (NDA). If the information leaks out, then a business can take a legal action against people who have breached the confidence.