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property protection (Business
studies Grade:11)
Table of conTenT
. What Is Intellectual Property?
. Quick Overview of the Primary Types of IP: Copyrights, Trademarks, Tra...
What Is Intellectual Property (IP)?
Refers to a category of exclusive rights created
by statute, including:
 
– Copyrights...
Continue…
Typically the right to exclude or prevent someone from doing
something
Usually req. gov’t registration; Enforce ...
INTELLECTUAL PROPERTY LAW
OVERVIEW
Tools for protecting content
 
Provided to authors of “original works of authorship”
 
Exclusive right to a work of expres...
What is an Insider?
 
  The insider has privileged access to your organization’s
network resources and intellectual prope...
Tools that can greatly enhance marketing strategies
 
Is any symbol capable of identifying and distinguishing its
owner’s ...
Trademarks and Service Marks
“What It’s Called” or “What It Looks Like”
Always an adjective – never a noun
Trademarks and Service Marks
Trademarks and Service Marks
 Trade Name
 Company name can be a trademark or service mark – usually
a “house mark”
 App...
Copyrights
“What it looks like”, “what it sounds like”
– Constitutional and statutory protection
– Original expression of ...
Copyrights
 Copyright Rights
 Right to reproduce
 Right to prepare derivative works
 Right to distribute copies
 Righ...
Patents
 “What it does” – method, process or
apparatus
  Types of Patents
 Utility Patents
 Plant Patents
 Design Pat...
TRADE-MARKS ACT R.S. 1985
 “trade-mark" means
 (a) a mark that is used by a person for the
purpose of distinguishing or ...
How To Choose a Trade-
mark
 Choose an inherently strong mark – these marks are
given the highest level of protection
 m...
Choose a Distinctive Trade-mark
 Trade-marks will not be registered if:
 Name or surname of person who is living or dece...
Choose a Distinctive Trade-mark
 A non-registrable trade-mark can be registered if it has become
distinctive at the date ...
Choose a Distinctive Trade-mark
How To Choose a Trade-mark:
1. Conduct a NUANS search
2. Internet and Google search
3. For...
Examples of Famous Marks
• WARES: (1) Stationery, school and office supplies
namely, binders, student planners, notebooks,...
Colour as a Claim
• COLOUR CLAIM: Colour is claimed as a
feature of the trade mark. The border of
the label is black. The ...
How Many Trade-marks
Can Be Registered
To Protect This Product?
TRADE-MARK:
REGISTRATION: TMA562648
(Color is claimed)
TRADE-MARK:
REGISTRATION: TMA290252 (shape of the box)
DISTINGUISHI...
Why License Intellectual Property?
 Expand existing market share (eg. franchising)
 Expanding into new territories (eg. ...
Licensing Intellectual Property
Grant of License. Licensor hereby grants to
Licensee, for the internal use of the Licensee...
Licensing Intellectual Property
License Restrictions. The grant of License is subject to the
following restrictions:
1.Lic...
List of references
http://www.slideshare.net/matti422/intellectual-property-basics-3288510 (accessed 08/03/2014)
http://ww...
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Intellectual property protection

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Intellectual property protection

  1. 1. property protection (Business studies Grade:11)
  2. 2. Table of conTenT . What Is Intellectual Property? . Quick Overview of the Primary Types of IP: Copyrights, Trademarks, Trade Secrets .Utility & Design Patents .Intellectual property law .Tools for protecting content .What is an Insider? .Tools that can greatly enhance marketing strategies .How To Choose a Trade-mark .Why License Intellectual Property? .List of references
  3. 3. What Is Intellectual Property (IP)? Refers to a category of exclusive rights created by statute, including:   – Copyrights   – Trademarks   – Trade Secrets   – Utility Patents   – Design Patents
  4. 4. Continue… Typically the right to exclude or prevent someone from doing something Usually req. gov’t registration; Enforce it in court As business tools: – Copyrights: protect content; expression – Trademarks: enhance marketing strategies – Trade Secrets: keep proprietary info confidential – Patents: obtain exclusivity in your market niche Utility: functionality; Design: appearance       © 2013 Knobbe, Martens, Olson & Bear, LLP all rights reserved.
  5. 5. INTELLECTUAL PROPERTY LAW OVERVIEW
  6. 6. Tools for protecting content   Provided to authors of “original works of authorship”   Exclusive right to a work of expression, such as a written story, a photograph, or a computer program   Not for things that are functional (that’s utility patents)   Protection lasts for a very long time   – 70 years after death; 95+ years for corporate author       © 2013 Knobbe, Martens, Olson & Bear, LLP all rights reserved.
  7. 7. What is an Insider?     The insider has privileged access to your organization’s network resources and intellectual property    The insider may be motivated to steal intellectual property or may be an unaware target with access that acts as a proxy for a criminal on the outside    Many things can motivate an insider to steal IP  
  8. 8. Tools that can greatly enhance marketing strategies   Is any symbol capable of identifying and distinguishing its owner’s products from those of others
  9. 9. Trademarks and Service Marks “What It’s Called” or “What It Looks Like” Always an adjective – never a noun
  10. 10. Trademarks and Service Marks
  11. 11. Trademarks and Service Marks  Trade Name  Company name can be a trademark or service mark – usually a “house mark”  Apple  Walt Disney World  Mercedes  Louis Vuitton  Geico  Duck Commander  CBS
  12. 12. Copyrights “What it looks like”, “what it sounds like” – Constitutional and statutory protection – Original expression of ideas (but not ideas) • Books • Song lyrics • Plays • Text, graphics, artwork, music, database, software, documentation, packaging, advertisements, commercials, websites
  13. 13. Copyrights  Copyright Rights  Right to reproduce  Right to prepare derivative works  Right to distribute copies  Right to perform publicly  Right to display publicly  Types of copyrights  Joint Works  Derivative Works  Compilations  Work for Hire
  14. 14. Patents  “What it does” – method, process or apparatus   Types of Patents  Utility Patents  Plant Patents  Design Patents  Types of Patent Applications  Provisional  Traditional  One year bar date
  15. 15. TRADE-MARKS ACT R.S. 1985  “trade-mark" means  (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others,  (b) a certification mark,  (c) a distinguishing guise, or  (d) a proposed trade-mark
  16. 16. How To Choose a Trade- mark  Choose an inherently strong mark – these marks are given the highest level of protection  mark is creative; do not describe the quality or features of the goods and service  Eg. Google, Apple, Amazon, Indigo
  17. 17. Choose a Distinctive Trade-mark  Trade-marks will not be registered if:  Name or surname of person who is living or deceased within past 30 years (eg. Cheung)  Descriptive or misdescriptive (eg. “Fast” for car, “Apple” for juice)  Name in any language of the goods and services  Confusingly similar to another trade-mark or trade name
  18. 18. Choose a Distinctive Trade-mark  A non-registrable trade-mark can be registered if it has become distinctive at the date of filing an application for its registration.  See section 12 of the Trade-marks Act
  19. 19. Choose a Distinctive Trade-mark How To Choose a Trade-mark: 1. Conduct a NUANS search 2. Internet and Google search 3. For international and North American coverage: retain a specialized search firm
  20. 20. Examples of Famous Marks • WARES: (1) Stationery, school and office supplies namely, binders, student planners, notebooks, portfolio covers, bookbags, pouches for carrying school materials, book covers, briefcases, pen and pencil holders, school bags, knapsacks, gym bags, calendars and pocket calendars; computer software in the field of health and fitness used to manage digital music, store and organize digital music, create custom CD's, download digital music from the internet, build, manage and transfer play lists, categorize music by tempo, log fitness data, namely times, paces, heart rate and injuries, create workout schedules and goals, download data from a watch to a computer; electrical, electronic communications and digital audio equipment and accessories, namely portable digital music players, calorimeters, and carrying cases for these items; radio link watches which contain a radio frequency transmitter, receiver and/or transceiver used to monitor heart rate, speed and distance, communicate with wheel sensors on bicycles and control digital audio equipment; watches which include altimeters, compasses, pedometers, chronographs, speed distance monitors with speed sensor, heart rate monitors.
  21. 21. Colour as a Claim • COLOUR CLAIM: Colour is claimed as a feature of the trade mark. The border of the label is black. The background is pale gold. The three elliptical rings are a darker shade of the same gold. The words TIM HORTONS are red. The words ALWAYS FRESH are dark brown. • WARES: (1) Donuts, donut holes, bagels, muffins, cakes, biscuits, cookies, pies, coffee beans and ground coffee, sandwiches, soups, chili, soft drinks, juice, and prepared non-alcoholic beverages namely, coffee, specialty coffees including cappuccino, hot chocolate, and tea. • SERVICES: (1) Sit-down and take-out restaurant services
  22. 22. How Many Trade-marks Can Be Registered To Protect This Product?
  23. 23. TRADE-MARK: REGISTRATION: TMA562648 (Color is claimed) TRADE-MARK: REGISTRATION: TMA290252 (shape of the box) DISTINGUISHING GUISE: REGISTRATION: TMA164635 (tread design) TRADE-MARK: REGISTRATION: TMA355239 TRADE- MARK: TOBLERONE REGISTRATION: TMDA051412
  24. 24. Why License Intellectual Property?  Expand existing market share (eg. franchising)  Expanding into new territories (eg. setting up international affiliates)  Co-branding arrangements (eg. “Intel Inside”, MBNA credit cards with universities)
  25. 25. Licensing Intellectual Property Grant of License. Licensor hereby grants to Licensee, for the internal use of the Licensee only, a non-exclusive, non-transferable, revocable and royalty-free license (the “License”) to use the Intellectual Property for the purpose of providing software development to clients exclusively located in the United States of America, with a focus on the provision of micro payment services in connection with corporate clients in retail. Unless prior written approval is obtained from the Licensor, the Licensee shall not use the Intellectual Property for any other purpose.
  26. 26. Licensing Intellectual Property License Restrictions. The grant of License is subject to the following restrictions: 1.Licensee shall not use or distribute the Intellectual Property for any purpose outside of the joint venture. 2.Licensee shall not market, distribute, export, translate, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, sublicense or make available to another person or individual the Intellectual Property in any way, in whole or in part. 3.Licensee agrees to take all precautions to prevent third parties from using the Intellectual Property in any way that would constitute a breach of this Agreement, including without limitation, such precautions as Licensee would otherwise take to protect its own intellectual property and confidential information.
  27. 27. List of references http://www.slideshare.net/matti422/intellectual-property-basics-3288510 (accessed 08/03/2014) http://www.slideshare.net/teresacheung/protecting-ip-and-trade-secrets-oct2908?qid=5eb92b3d- 752a-44bf-8538-0d2b009e0345&v=qf1&b=&from_search=3 (accessed 08/03/2014) http://www.slideshare.net/isightsoftware/recognize-and-protect-your-intellectual- property?qid=5eb92b3d-752a-44bf-8538-0d2b009e0345&v=qf1&b=&from_search=5 (accessed 08/03/2014) http://www.slideshare.net/fboshell/intellectual-property-rights-31666576?qid=5eb92b3d-752a- 44bf-8538-0d2b009e0345&v=qf1&b=&from_search=7 (accessed 08/03/2014) http://www.slideshare.net/tomwinfrey/intellectual-property-5007463 (accessed 08/03/2014) http://www.slideshare.net/nullsession/insiderthreatjohnsonfeb2014?qid=a1c8c513-ea86-4fa3- bc42-78a2e741babd&v=qf1&b=&from_search=1 (accessed 08/03/2014)

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