INTELLECTUAL PROPERTY Rights INTELLECTUAL PROPERTY q Intellectual property

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INTELLECTUAL PROPERTY Rights

INTELLECTUAL PROPERTY Rights

INTELLECTUAL PROPERTY q Intellectual property refers to creations of the mind, such as inventions;

INTELLECTUAL PROPERTY q Intellectual property refers to creations of the mind, such as inventions; literary, musical and artistic works; and symbols, names, images, and designs used in commerce. q Under intellectual property law, the holder of one of these abstract “properties” has certain exclusive rights to the creative work, commercial symbol, or invention which it covers. Source: Thomas G. Field Jr. : What is intellectual property in ‘Focus on Intellectual Property Rights (Eds)’

INTELLECTUAL PROPERTY q Business intellectual property (propriety aspects of products) includes Ø PATENTS Ø

INTELLECTUAL PROPERTY q Business intellectual property (propriety aspects of products) includes Ø PATENTS Ø TRADEMARKS and Registered Trademark Ø SERVICE MARKS Ø COPYRIGHTS Ø Other related rights such as utility models, industrial design rights , and trade secrets.

Patenting and Invention ü Patents protect inventions ü A patent for an invention is

Patenting and Invention ü Patents protect inventions ü A patent for an invention is granted by government to the inventor, giving the inventor the right in law for a limited period of 20 years to stop others from making, using or selling the invention without the permission of the inventor. ü Patent leads to limited monopoly. ü When a patent is granted, the invention becomes the property of the inventor, which – like any other form of property or business asset – can be bought, sold, rented or hired.

Patenting an Invention contd. To qualify for the grant of a patent, an invention

Patenting an Invention contd. To qualify for the grant of a patent, an invention has to be: ü new and details should not have been previously published; ü has not been done by others; ü be capable of industrial application; and ü must not fall into an ‘excluded’ category, which includes literary works, scientific theories and methods for doing business, traditional knowledge

THE FIRST LAW OF INVENTING The following equation summarizes the legal requirements of a

THE FIRST LAW OF INVENTING The following equation summarizes the legal requirements of a patentable invention: I=U+N+U where I is invention, U is utility or usefulness N is novelty or newness U is unobviousness We refer to this law as the content law because it lays out the contents required of a patentable invention.

Utility For an invention to be patentable, it must be useful. Utility or usefulness

Utility For an invention to be patentable, it must be useful. Utility or usefulness is implied by the constitutional provision that an invention “. . . must promote the progress of science and useful arts. In contrast to novelty and unobviousness (see below), the utility requirement is relatively easy to meet. For an invention to be patentable, it must be useful. Utility or usefulness is implied by the constitutional provision that an invention “. . . must promote the progress of science and useful arts.

Novelty: ü For an invention to be patentable, it must be novel. ü The

Novelty: ü For an invention to be patentable, it must be novel. ü The claimed invention must not be patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. ü A patent cannot be obtained if the invention was disclosed in the prior art.

prior art contd. Prior art is a legal term for anything ü published or

prior art contd. Prior art is a legal term for anything ü published or printed or sold, (publications—for example, a book, patent, journal article, pamphlet or advertisement, even if it is in another language) ü Public use of the invention—for example, demonstrating the product or process to others anywhere in the world prior to the date the patent application was filed. ü Using the product in public, or distributing products for advertising purposes. ü Patent applications filed by others before the inventor’s patent application is filed. ü Public knowledge that is widely known, even if it is not written down.

Unobviousness ü For an invention to be patentable, it must not be obvious (must

Unobviousness ü For an invention to be patentable, it must not be obvious (must be unobvious or nonobvious) based on known science and technology. ü Even if the subject matter sought to be patented is not exactly shown by the prior art, and involves one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious. ü The subject matter sought to be patented must be sufficiently different from what has been used or described before such that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to the invention. ü For example, the substitution of one colour for another, or changes in size, are ordinarily not patentable.

THE FIRST LAW OF INVENTING contd. The examination of the application consists of ü

THE FIRST LAW OF INVENTING contd. The examination of the application consists of ü ü a study of the application for compliance with the legal requirements publications of patent applications foreign patent documents available literature to see if the claimed invention is new, useful and nonobvious and if the application meets the requirements of the patent statute and rules of practice. If the examiner’s decision on patentability is favourable, a patent is granted.

There are three types of patents: 1) Utility 2) Design patents 3) Plant patents

There are three types of patents: 1) Utility 2) Design patents 3) Plant patents

Utility patents may be granted to anyone who invents or discovers ü any new

Utility patents may be granted to anyone who invents or discovers ü any new and useful process ü machine ü article of manufacture ü or composition of matter ü or any new and useful improvement thereof

Design patents may be granted to anyone who invents a new, original, and nonobvious

Design patents may be granted to anyone who invents a new, original, and nonobvious ornamental design for an article of manufacture The design patent protects only the appearance of an article, but not its structural or functional features.

Plant patents may be granted to anyone who invents or discovers and asexually reproduces

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc.

WHY PATENTING ü Many products would not exist without patent protection, especially those that

WHY PATENTING ü Many products would not exist without patent protection, especially those that require substantial investments but, once sold, can be easily duplicated by competitors. ü At least since 1474, when first granted by the Republic of Venice, patent protection has encouraged the development and distribution of new technologies. ü When patents are not available, technology is closely held. ü If inventors had to rely on secrecy to protect their inventions, much important but undisclosed information often would die with them. ü Patents, however, are not easily obtained. Patent rights are granted not for vague ideas but for carefully tailored claims. To avoid protecting technology already available, or within easy reach of ordinary artisans, those claims are examined by experts. ü Patenting is expensive Source: Thomas G. Field Jr. : What is intellectual property in Focus on Intellectual Property Rights (Eds

Trade secrets A trade secret is a formula, practice, process, design, instrument, pattern, or

Trade secrets A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information that is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as confidential information or classified information. Unlike patents (which lasts for a specifically limited period of time , say 20 years in any specific country or other countries), trade secrets are protected for a theoretically unlimited period of time, and without any procedural formalities.

Trade secrets contd. Coca Cola, the most famous trade secret example, has no patent

Trade secrets contd. Coca Cola, the most famous trade secret example, has no patent for its formula and has been very effective in protecting it for many more years than a patent would have. In fact, Coca Cola refused to reveal its trade secret under at least two judges’ orders. Source: Andy Gibbs, Bob De. Matteis : ESSENTIALS of Patents, JOHN WILEY & SONS, INC.

Trade secrets contd. However, the moment a trade secret is known by others or

Trade secrets contd. However, the moment a trade secret is known by others or become public, its protection is gone. It don not remain secret any more. There is no legal frame-work to protect a trade secret. Further, companies maintain certain manufacturing processes as closely guarded trade secrets; however, if an outside entity files a patent application that covers that trade secret, the company holding the trade secret can lose its rights to the patent and would be forced to license it from the new patent holder, regardless of how long the product had been in prior use. In other words, the company Source: Thomas G. Field Jr. : What is intellectual property in Focus on Intellectual Property Rights (Eds)

Trade secrets contd. Coca Cola, the most famous trade secret example, has no patent

Trade secrets contd. Coca Cola, the most famous trade secret example, has no patent for its formula and has been very effective in protecting it for many more years than a patent would have. In fact, Coca Cola refused to reveal its trade secret under at least two judges’ orders. Source: Andy Gibbs, Bob De. Matteis : ESSENTIALS of Patents, JOHN WILEY & SONS, INC.

Protecting Trade Secrets One of the challenges for high-tech entrepreneur is maintenance and protection

Protecting Trade Secrets One of the challenges for high-tech entrepreneur is maintenance and protection of trade secret, the problem of which arises in case of termination of employees and job changes by employees. Changes in jobs result in the inevitable transfer of trade secrets, even among competitive firms leading to several conflicts such as: ü ü ü Market research data, research and development (R& D), and marketing strategies Similar product lines in the new company Know-how in the product-manufacturing processes Research proposal ideas Customer list In order to prevent these sorts of problems, the firm needs to legally regulate disloyal behaviour through the use of an Employment Agreement. Source: Kenji Uchino “Entrepreneurship for Engineers’ CRC Press Taylor & Francis Group

Trademarks are key in differentiating a business’s products and services from those of others

Trademarks are key in differentiating a business’s products and services from those of others as well as in franchising arrangements. Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. In villages, cobblers’ names used to serve that function. Trademarks are especially important when consumers and producers are far away from one another. Throughout most of the world, trademarks must be registered to be enforceable, and registrations must be renewed. Yet, while copyrights and patents eventually expire, names of companies that treat customers well become increasingly valuable over time. Here is where the importance of trademarks lie. If trademark rights were to expire, consumers would be collectively harmed as much as owners. Imagine the confusion if unaffiliated firms could sell products under another company’s trademark. For example, consider the dubious quality of counterfeit and fake drugs and their potential for causing great harm, if not death, to unsuspecting users. Or for example, you purchased a Raymond trouser by paying a heavy price and you find the trouser is not from original brand Raymond, it's from a fake manufacturer.

Trade mark and Service Mark A trademark is a word, name, symbol, or device

Trade mark and Service Mark A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identies and distinguishes the source of a service rather than a product. The terms “ trademark” and “mark” are commonly used to refer to both trademarks and servicemarks. Trademark rightsmay be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks can be found in the separate book entitled “Basic Facts about Trademarks. ”

A trademark is a word, name, symbol, or device that is used in trade

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identies and distinguishes the source of a service rather than a product. The terms “ trademark” and “mark” are ü Sevicemarks exclusively for services, and are key differentiating from those of others as well as commonly used to refer to both trademarks and in franchising arrangements. servicemarks. Trademark rightsmay be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks can be found in the separate book entitled “Basic Facts about Trademarks. ”

Copyright ü Copyright is economic rights given to creators of literary and artistic works,

Copyright ü Copyright is economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. ü Copyrights protect authors’ original creations, including literary (say novels, poems, research works) , musical, artistic, architectural , cinematic, and other intellectual works. ü Computer programs and sound recordings are now protected, too. Copyrights also endure much longer than some other forms of intellectual properties. ü Only an author or those deriving their rights through the author — a publisher, for instance — can rightfully claim copyright. ü Computer algorithms are patents, but most products of computer software copyrights. Program software is a copyright. ü Copyright protects arrangements of facts, but it does not cover newly collected facts as such. ü Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patents. Source: Thomas G. Field Jr. : What is intellectual property in Focus on Intellectual Property Rights (Eds)

EMERGING IP ISSUE Sights in Intellectual Property Rights : DOMAIN NAMES The need for

EMERGING IP ISSUE Sights in Intellectual Property Rights : DOMAIN NAMES The need for new forms of IP sometimes arises, and the assignment of Internet addresses has posed particularly difficult issues. Like telephone numbers, Internet addresses have the basic form “ 123. 456. 123. ” If that were the end of it, there would be no problem. Because useful directories are so far unavailable, however, most addresses also have an alphanumeric form such as “BBC. uk”, “BBC. com”, or “yale. edu”. �e unique part of each (“BBC” or “Yale”) is registered as a “domain name. ” Just as postal addresses indicate unique physical locations, domain names indicate unique locations in “cyberspace. ” Various entities control the registration, renewal, and transfer of domain names depending on the final portion of any alphanumeric address. Addresses ending with country codes “fr” or “uk” are subject to the laws of France and the United Kingdom, respectively. Because domain names often comprise celebrities’ or companies’ names, trademarks, and the like, few people regard them as merely addresses. In the early days of the Internet, individuals quick to understand this registered many “. com” domain names for sale at hefty premiums.

INTELLECTUAL PROPERTY q Intellectual property refers to creations of the mind, such as inventions;

INTELLECTUAL PROPERTY q Intellectual property refers to creations of the mind, such as inventions; literary, musical and artistic works; and symbols, names, images, and designs used in commerce. q Under intellectual property law, the holder of one of these abstract “properties” has certain exclusive rights to the creative work, commercial symbol, or invention which it covers. q Intellectual property rights were first inluded in the Uruguay Round negotiations of the General Agreement on Tariffs and Trade (GATT), 1986 -1993, with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS requires signatories to make it easier for their citizens and others to obtain and enforce IP rights, although it does not deal with domain names as such. TRIPS member countries should be aware that if their IP laws seem, on paper, to support innovation and protect IP, but in practice do not, they generate little besides cynicism. Conversely, cost-eff ective means to secure, transfer, and enforce IP rights boost cultural development and standards of living, as well as promote public health and safety. q Source: Thomas G. Field Jr. : What is intellectual property in ‘Focus on Intellectual Property