Intellectual properties presentation
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  • 1. Intellectual Properties Presentation By: Daryl M. Savage By: Daryl M. Savage Image Found at: http://www.adamsaustinlegal.com/images/IP/BrainIdeaSmall2.jpg
  • 2. Table of Contents
    • Introduction: What is Intellectual Property
    • Purpose of Intellectual Property Rights
    • Fields of Intellectual Property Protection
    • Enforcement of Intellectual Property Rights
    • Technological and Legal Developments in Intellectual Properties
    • Administration and Teaching of Intellectual Property
  • 3. Introduction What is Intellectual Property? What is Intellectual Property?
  • 4. Purpose of Intellectual Property Rights
    • To give statutory expression to the moral and economic rights of creators in their creations.
    • To promote creativity, and the dissemination and application of its results, and to encourage fair trade, which would contribute to economic and social development.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 5. Fields of Intellectual Property Protection
    • Patents
      • Drafting and Filing a Patent Application
      • Examination of a Patent Application
      • Infringement
    • Copyright and Related Rights
      • Copyright Protection
      • Ownership of Copyright
      • Piracy and Infringements
    • Trademarks
      • Definitions
      • Protection of Trademark Rights
      • Trademark Piracy, Counterfeiting and Imitation of Labels and Packaging
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 6. Patents
    • Drafting and Filing a Patent Application.
      • A patent is drafted and filed with a government institution. The protection of a patent is generally for 20 years.
      • A patent does not give the right to the inventor or owner of the patent to make, use or sell anything. The owner does have the right to prevent others from commercially exploiting his or her invention.
      • Just because a state grants a patent, it does not mean that they will enforce the patent. It is the responsibility of the owner to file an action within a civil court.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 7. Patents
    • Examination of a Patent Application
      • It becomes important that the date is calculated correctly due to the evaluation of the patent itself and the term of the patent itself.
      • Examination of the form is generally carried out immediately after the patent is given a filing date. If there are any errors within the form the inventor has the opportunity to fix the errors within a certain given time or the patent is rejected.
      • A search is then provided to make sure that no one else has filed a patent of a similar product or process.
      • The last step is to determine is to determine if the patent contains substance. The examination makes sure that the patent doesn’t go against any form of legislation, or one that requires a new type of industrial application, or the patent doesn’t contain clear and disclosed documents.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 8. Patents
    • Infringements
      • A patents owner has the rights over who shall and who shall not exploit his patented invention.
      • The owner is responsible for the enforcement of his patent.
      • Most infringement disputes never reach court actions.
      • There are extremely high costs for carrying out litigation due to infringements.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 9. Copyrights and Related Rights
    • Copyright Protection
      • Adoption of a law is the first step to protecting a copyright.
      • A creator must derive some benefits from their work and this can not happen if their is not some form of publication.
      • Governments can play a role in financial assistance where it comes to educational literature and textbooks.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 10. Copyrights and Related Rights
    • Ownership of Copyright
      • Generally this is the person who created the work. But there are exceptions to the rule.
      • If a person is employed and paid to create a form of written work, the employer is the owner of the copyrighted material.
      • In many countries, copyrights can be assigned or passed down to other people. This is not the case in all countries.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 11. Copyrights and Related Rights
    • Piracy and Infringement
      • The rights of an owner is infringed when someone uses the author’s work without the authors permission.
      • Piracy is when unauthorized activity is carried out for commercial gain without the permission of the author.
      • Technology has increased the rate of piracy due to the ease of copying others peoples work.
      • Companies are constantly working on reducing the amount of piracy, but unethical people find ways around the protections as fast as companies write the protection softwares.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 12. Trademarks
    • Definitions
      • Words: Company names, surnames, forenames, geographical names, and slogans.
      • Letters and Numerals: One or more letters or numerals or any combination of either.
      • Devices: Types of fancy devices, drawings and symbols, and also two dimensional representations of goods or containers.
      • Three dimensional signs: Any representation of 3-dimensional object that is unique.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 13. Trademarks
    • Protection of Trademarks
      • The trademark must have a reasonable standard throughout the world.
      • The trademark must be distinguishable for the products in comparison of similar enterprises and products.
      • Trademarks must not have any type of misleading character or any type of public violation to public order or morality.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 14. Trademarks
      • Trademark Piracy, Counterfeiting and Imitation of Labels and Packaging
        • Trademark piracy is the registration or use of a generally well-known trademark that is not registered in the country.
        • Counterfeiting is the imitation of a product. Most of the time it is identical to the trademarked item, but they have not received permission to apply the trademark on their produced item with the owner.
    Information Retrieved from: http://www.wipo.int/export/sites/www/freepublications/en/intproperty/909/wipo_pub_909.pdf
  • 15. Enforcement of Intellectual Property Rights
    • Enforcement of Industrial Property Rights, Copyright and Related Rights
      • Enforcement of Patent Rights
      • Enforcement of Copyrights
      • Enforcement Provisions of the TRIPS Agreement
    • Intellectual Property Litigation
      • Review of Industrial Property Office Decisions
      • Infringement Actions
      • Remedies
    • Arbitration and Mediation of Intellectual Property Disputes
      • Alternate Dispute Resolution
      • Enforcement in the International Context
      • WIPO Arbitration and Mediation Center
  • 16. Enforcement of Industrial Property Rights, Copyright and Related Rights
    • Accessible, sufficient and adequately funded arrangements for the protection of rights are crucial in any worthwhile intellectual property system.
    • A strong judicial system for dealing with both civil and criminal offenses, with adequate staff is needed for successful protection of intellectual property rights.
    • Negotiation is an important aspect of protecting and enforcing rights. Many times it costs less to negotiate a settlement than to go to court.
  • 17. Intellectual Property Litigation
    • Individuals can file a pre-grant appeal to challenge a filing date of an intellectual property.
    • A post-grant appeal can be filed due to a patent fee not being paid on time for example. If the individual has proof of on time payment an appeal will often be filed.
  • 18. Arbitration and Mediation of Intellectual Property Disputes
    • Alternate Dispute Resolution refers to methods for resolving intellectual property disputes without having to start court procedures.
    • Arbitration is a form where both sides agree to have their dispute referred to a third party for consideration and judgement.
    • Mediation is where a third party assists the parties in resolving their dispute. Both parties have to agree to a mediator.
  • 19. Technological and Legal Developments in Intellectual Properties
    • Protection of Computer Programs History
    • Protection under Patents
    • Protection under Copyright
    • International Norms
  • 20. Protection of Computer Programs History
    • During the 1970’s and the first half of the 80’s, much of the focus was considering whether computer programs should come under copyright or patent law.
    • A committee of experts decided in 1985 that copyright law was the appropriate category for computer programs.
    • If there is some required technical feature for the program to work, a patent can also be filed.
  • 21. Protection Under Patents
    • Article 27.1 under the TRIPS Agreement requires that patents be available in all fields of technology.
    • If a technical character is required for the software to be written, a patent must be considered.
  • 22. Protection Under Copyrights
    • As long as the software is written using a patten program the software will take on its protection through copyright.
    • The amount of time that a copyright stays applicable depends upon the item being considered.
  • 23. International Norms
    • International Treaty: The TRIPS Agreement is one of the governing devices for intellectual property.
    • The WIPO Copyright Treaty was another international treaty.
  • 24. Teaching Intellectual Property
    • Have the students click on the provided hyperlink below:
    • Intellectual Property Webquest
  • 25. Thanks for Attending the Intellectual Property Presentation.