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Intellectual property


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Intellectual property

  1. 1. Intellectual Property Alexander Zhuravlev MSLU 2010
  2. 2. Contents • • • • • • Intellectual Property(IP) Patent Trademark Copyright Industrial design IP system at a glance
  3. 3. What is Intellectual Property? "...the ownership of ideas and control over the tangible or virtual presentation of those ideas..." Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognised and the corresponding fields of law
  4. 4. Patents New inventions or any new and useful improvement of an existing invention A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. 1. Must be new 2. Must not be obvious 3. Must have a useful application Should be Better or Cheaper or Different Non-Patentable Subject Matter 1.Mathematical formulae,algorithms 2.Naturally occurring organisms 3.Laws of nature 4.Abstract ideas 5.Natural phenomenon
  5. 5. What can you patent? Using a doorlock as an example : A Product: a doorlock A Composition: a chemical composition in lubricants for doorlocks An Apparatus: a machine for making doorlocks A Process: a method for making doorlocks … or an improvement on any of these 90% of patents are for improvements to existing patented inventions
  6. 6. Trademarks A trademark or trade mark is a distinctive sign used by an individual or legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products from those of other entities A trademark is designated by the following symbols: ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods) ℠ (for an unregistered service mark, that is, a mark used to promote or brand services) ® (for a registered trademark) What can be Registered: • • • • • • • Name (e.g. Gillette) Logo (e.g. Tick - Nike) Slogan (e.g. Mr Kipling - 'Exceedingly Good Cakes) Colour (e.g. Orange - Mobile phone & Easyjet) Shape (e.g. Coke bottle) Sound (e.g. Intel) Domain Name (e.g.
  7. 7. Copyright Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. • • • • • Can be bought, sold or licensed Lasts up to 70 years after the author’s death Automatic right Not registered Cost is free What does it Cover? • Artistic Works (inc. engravings, photographs, Drawings) • Literary Works (inc. computer programs, song lyrics, newspaper articles, website content etc) • Dramatic Works (including dance or mime) • Musical Works (scores - written) • Layouts (used to publish a work, for a book) • Recordings (sound and film) • Broadcasts
  8. 8. Industrial design right Features that appeal to the eye An Industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, combination of pattern and color in three dimensional form containing aesthetic value. • • • • Design must be original Can be two- or three-dimensional Can be bought, sold, licensed Don’t last forever – 25 years standard Designs, such as those featured in these products, are known for their visual appeal.
  9. 9. The IP behind the BlackBerry Patent Patent CA 2508239 A display for a handheld computing device includes a display panel; a circuit board carrying display electronics for the display panel Owner: RESEARCH IN MOTION LIMITED Trade-mark Trademark Registration TMA 638068 Industrial design Industrial Design Registration 125919 Title: Handheld Electronic Device Wares/Services: Electronic Registrant: RESEARCH IN handheld units MOTION LIMITED Registrant: RESEARCH IN MOTION LIMITED
  10. 10. The Canadian IP system at a glance Patents Trademarks Copyrights Industrial designs Term Up to 20 years after filing Renewable 15-year period Generally life plus 50 years Up to 10 years Protection Apply nationally Apply nationally Automatic, apply internationally (but registration can be sought in Canada) Apply nationally Protects against Use, sale, manufacture Use Copying, reproducing Manufacture, sale, rent or importation What is protected Inventions Identity of your products and services: words, symbols and designs Original literary, artistic, musical and dramatic works, and other subject matters: sound recordings, performances, communication signals Visual appearance of a product: ornamentation, shape, pattern, configuration
  11. 11. Thank you for attention Alexander Zhuravlev MSLU 2010