3. What Is Intellectual
Property?
• Intellectual property is a broad cate
gorical description for the set of
intanible assets owned and legally
protected by a company from outsi
de use or implementation without c
onsent. An intangible asset is a non
physical asset that a company own
s.
4. Purpose of IP
• The main purpose of intellectual property law is to encourage the creation
of a wide variety of intellectual goods. To achieve this, the law gives
people and businesses property rights to the information
and intellectual goods they create, usually for a limited period of time.
5. • The importance of protecting intellectual prope
rty was first recognized in the Paris Conventio
n for the Protection of Industrial Property in 18
83 and the Berne Convention for the Protectio
n of Literary and Artistic Works in 1886. Both
treaties are administered by the World Intellect
ual Property Organization (WIPO).
• Countries generally have laws to protect intelle
ctual property for two main reasons. One is to
give statutory expression to the moral and econ
omic rights of creators in their creations and to
the rights of the public in accessing those crea
tions. The second is to promote creativity, and
the dissemination and application of its results,
and to encourage fair trade, which would cont
ribute to economic and social development
6. The two Branches of IP
• The Two Branches of Intellectual Property: Industrial Property and Copyright Intellectual property
is usually divided into two branches, namely industrial property, which broadly speaking protects i
nventions, and copyright, which protects literary and artistic works.
• Industrial property takes a range of forms. These include patents to protect inventions, and industri
al designs, which are aesthetic creations determining the appearance of industrial products. Industri
al property also covers trademarks, service marks, layoutdesigns of integrated circuits, commercial
names and designations, as well as geographical indications, and protection against unfair competiti
on.
• Copyright is a form of protection provided to the authors of “original works of authorship” includi
ng literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpu
blished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to repro
duce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the
copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work pu
blicly. The copyright protects the form of expression rather than the subject matter of the writing. F
or example,
a description of a machine could be copyrighted, but this would only prevent others from copying t
he description; it would not prevent others from writing a description of their own or from making
and using the machine.
8. Patents
• 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.
9. What Can Be Patented?
“. . . anything under the sun that is made by man.”
U.S. Supreme Court in Diamond v. Chakrabarty, 447 U.S. 303 (1980)
10. The innovation is
patentable subject
matter.
The innovation is new
(called novelty)
The innovation is
inventive.
The innovation is
useful (called utility) .
The innovation must
not have prior use.
Patentability
Requirments
11. Coca Cola Patent
• Had John Pemberton decided to patent the
formula for Coca Cola when he invented it in
1886, the formula would now be free to be
copied by anyone. Instead, Coca Cola remains
a leader in the world's soft drink industry based
on its trade secret formula, over 100 years
later.
12.
13. Copyright
• 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.
16. Trademarks
• Trademarks are phrases, pictures, nam
es, or symbols used to identify a partic
ular organization .Trademarks are imp
ortant because they help an organizati
on stand out and build an identity in th
e marketplace. Some trademarks are s
o iconic that almost all consumers rec
ognize them, including McDonald’s g
olden arches, the Nike swoosh, and A
pple’s outline of an apple.
17. Trademarks normally perform four main functions:
Distinguishing the
products or services
of one enterprise
from those of other
enterprises
• Referring to a
particular enterprise
which offers the
products or services
on the market
• Referring to a
particular quality of
the product or service
for which it is used
• Promoting the
marketing and sale of
products, and the
marketing and
rendering of services.
18. The Christian
Louboutin registered
trademark
•Other trademarks help rising companies
carve out a unique niche for themselves. For
example, French shoe designer Christian
Louboutin has trademarked the signature red
sole of his designer shoes. Because these
shoes sell for many hundreds of dollars via
upscale retailers such as Neiman Marcus and
Saks Fifth Avenue, competitors would love to
copy their look. Thus legally protecting the
distinctive red sole from imitation helps
preserve Louboutin’s profits.
20. • Name – Coco Chanel is a perfect example of a name that
is a trademark. The famous designer Coco Chanel built her
successful fashion empire by using her name. People
knew that if they were to purchase a Coco Chanel product
they were going to receive quality craftsmanship. Through
her reputation of having excellent taste, her name became
recognizable around the world. Her name is considered a
trademark because it is also the brand name of her company
and is used to distinguish herself from other designers and
generic clothing manufacturers.
21. • Symbol – The McDonalds golden arch is a classic
example of a symbol trademark. Golden arches align
interstate highways to alert customers when there is a
McDonalds located at next exit. There is no mention
of the name McDonalds on these golden
arches. McDonalds does not need to. The general
public, by in large, as well as their customers know that
a golden arch represents McDonalds. Their golden
arch symbol clearly differentiates them from other fast
food restaurants.
22. • Catchphrases – a catchphrase that is
identifiable to a person or company that is used
to sell merchandise can be trademarked. Donald
Trump’s “You’re Fired” is a perfect example of a
trademark catchphrase. Donald Trump uses his
catchphrase on his reality television show “The
Apprentice”.
23. • Lyrics – A songwriter’s lyrics are
trademarks. Bob Seger and the Silver Bullet Band
made a hit single song “Like a Rock” in 1986. In
1991, this song helped Chevrolet bounce back
from a near bankruptcy situation. The “Like a
Rock” commercials were so successful that these
commercials were used for over ten
years. Chevrolet paid Seger royalties for licensing
his trademark, “Like a Rock”.
24. Geografical indication
• What do Champagne, Darjeeling Tea, Columbian Coffee
or Swiss Cheese/Watches/CuckooClocks/Chocolates
have in common? They are all examples of geographical
indications.
• Geographical indicationsand appellationsof origin are
signs used on goods that have a specific geographical
origin and possess qualities, a reputationor
characteristics that are essentially attributable to that
place of origin. Most commonly, a geographical
indication includesthe name of the place of origin of the
goods.
25. Difference between Trademarks and Geographical Indication
• A trademark can be name, sign, or identity of a brand or business, which further differentiates the goods orservices of one
business entity from the others. A technology company is still a technology company; however, based on the manufacturer’s
trademark, it can be well-distinguished. For instance, Microsoft and Apple are the Registered Trademarks of individual
technology companies.
• A Trademark Registration is usually filed by a single business entity or individual, whereas Geographical Indication
Protection is granted to a group of manufacturers, who belong to a particular location, where the good was first originated.
• Only a single person, business entity, or a manufacturer can use a registered trademark, while all the producers or manufacturers
in the same locality or region are permitted to the use the same GI.
• A trademark can be a word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, an
abbreviation, a name, or a device. However, GIs can only be names or symbols corresponding to a particular region or place.
• A trademark is a result of human creativity or intellect, which further determines its uniqueness or distinctiveness. A trademark
can be suggestive, arbitrary, or distinctive. On the other hand, GIs identify the goods based on their place of origin. Factors like
climate, topography, human work (of a specific geographical location), amongst many others, determine the nature of the GIs.
• The prime similarity (and the only one) between a trademark and a GI is that both function as source indicators. The distinction
between the two in this context again correspondsto the fact that a trademark identifies a service or good originating from a
specific producer, while a GI identifies the geographical location or region from where the good originates. As boththese forms
of Intellectual Property (IP) work as a tool for identifying a good or service, people often tend to get confused between a
trademark and a GI.
26. Industrial design
•An industrial design constitutes the
ornamental or aesthetic aspect of an
article. A design may consist of three-
dimensional features, such as the
shape or surface of an article, or of
two-dimensional features, such as
patterns, lines or color.
27. Trade Secret
A trade secret is any practice or proce
ss of a company that is generally not
known outside of the company. Infor
mation considered a trade secret give
s the company an economic advantag
e over its competitors and is often a p
roduct of internal research and
development.
28. • Thomas Woolston wins court against eBay.
• In 1995 entrepreneur applied for two patents protecting eBay's current sales
methods.
• Damages paid- $ 35 million
29. Understanding Trade
Secrets
• Trade secrets may take a variety of
forms, such as a proprietary
process, instrument, pattern, design,
formula, recipe, method, or practice that
is not evident to others and may be used
as a means to create an enterprise that
offers an advantage over competitors or
provides value to customers.
30. Trade secrets are defined differently
based on jurisdiction, but all have the
following characteristics in common:
• They are not public information.
• Their secrecy provides an economic
benefit to their holder.
• Their secrecy is actively protected.
31. Why Protect Your Inventions?
• Showcase your technology.
• Block your competition.
• Protect an area of research while you identify a product.
• Licensing revenue.
• Source of recognition for the inventor.
• Stimulates innovation and economic growth by protecting investment.
32. How to protect IP
• Register copyrights, trademarks, and patents.
• Register business, product or domain names.
• Create confidentiality, non-disclosure or licensing contracts for employees
and partners.
• Implement security measures.
• Avoid joint ownership.
33. References
• A(2020a, January 30). Understanding the Difference Between Trademark and Geographical Indication. Kashish Intellectual Property Group. https://www.kashishworld
.com/blog/understanding-the-difference-between-trademark-and-geographical-indication/
• Housing and Public Works. (2019, August 5). What are the 5 requirements for obtaining a patent? Business Queensland. https://www.business.qld.gov.au/running-
business/protecting-business/ip-kit/browse-ip-topics/new-products,-processes-and-inventions-patents/five-requirements
• How Trade Secrets Work. (n.d.). Investopedia. Retrieved December 2, 2020, from https://www.investopedia.com/terms/t/trade-secret.asp
• How to Protect Intellectual Property in 5 Different Ways. (2019, April 18). Copyrhited. https://www.copyrighted.com/blog/protect-intellectual-property
• Intellectual Property. (n.d.). 2012 Books. Retrieved December 2, 2020, from https://2012books.lardbucket.org/books/strategic-management-evaluation-and-
execution/s08-02-intellectual-property.html
• Intellectual Property. (n.d.-b). Investopedia. Retrieved December 2, 2020, from https://www.investopedia.com/terms/i/intellectualproperty.asp
• M. (2020, October 22). Different Types of Intellectual Property Rights and Why They Are Important. InQuartik’s Official Website. https://www.inquartik.com/inq-
intellectual-property-rights/
• Malek, W. (2020, August 28). Five Classic Examples of Trademark. Widerman Malek, PL. https://www.legalteamusa.net/five-classic-examples-of-trademark/
• What is Intellectual Property (IP)? (n.d.). Wipo. Retrieved December 2, 2020, from https://www.wipo.int/about-ip/en/
• Wikipedia contributors. (2020b, October 25). Diamond v. Chakrabarty. Wikipedia. https://en.wikipedia.org/wiki/Diamond_v._Chakrabarty
• Wikipedia contributors.
(2020c, November 28). Intellectual property. Wikipedia. https://en.wikipedia.org/wiki/Intellectual_property#:%7E:text=The%20main%20purpose%20of%20intellectu
al,a%20limited%20period%20of%20time.
• World Intellectual Property Organization & World Intellectual Property Organization. (2004). WIPO Intellectual Property Handbook. WIPO.
