Toourpresentation
Topic :
Impact of digital technology on intellectual property
Presented by: Md Faruk Hossain
Konok Kumar Mondal
Rawful Al-amin
Digital Technology
• Make communication easy
• Digital code to transmit signals and information between
different devices
Ex:Television programs or human voices over phone or
internet system
Intellectual Property:
Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols,
names, images, and designs used in commerce
Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.
What is Intellectual Property (IP)…
– Copyrights
– Trademarks
– Patents
– Trade Secrets
– Industrial designs
– Geographical indication
Typical methods of protection:
Copyright
• Legal term over their literary and artistic works
• Protection to the unique expression of Ideas
• Works covered by:
 Books,
 Music,
 Paintings,
 Sculpture,
 Films,
 Computer programs,
 Databases,
 Advertisements,
 Maps and
 Technical drawings
Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.
IP surrounding Apple’s iPad™
• Copyright Protected Material…
– Software
– Product Literature
– Web Site
– Product Images
– Icons
– User Interface Design
– Advertisements
– Etc…
Copyright
What is not covered by copyright?
• Ideas, concepts, or principles
• Facts
• Words, Phrases, Familiar Symbols or slogans
Impact of digital technology on copyright
Positive Impact
• Promotes public
benefits like education
• Saving money
• Helps for further
research work
• Able to add to, edit,
duplicate, or otherwise
“remix” the original work
Negative Impact
• Protects freedom of
speech
• Plagiarism
• Losses of actual publishers
and authors but benefited
by third parties
• Piracy Occurs
Copyrights Laws are prevailing in
Bangladesh
• The Copyrights Act – 2000 (Amended in
2005) section 53 or section 54
• Duration of Copyright exist up to 60 years
• Punishable with imprisonment up to 3 years
and fined as per the claims
Patents
Definition:
• A patent describes an invention for which
the inventor claims the exclusive right.
NEWNEW (Novel)
USEFULUSEFUL
NOT OBVIOUSNOT OBVIOUS
PERTAINS TO PATENTABLEPERTAINS TO PATENTABLE
SUBJECT MATTERSUBJECT MATTER
INVENTION PATENABLE IF.....
12-10
Types of Patents
Type of Patent Types of Inventions Covered
Utility
Duration
New or useful process, machine,
manufacture, or composition of
material or any new and useful
improvement thereof
16 years from the
date of the original
application
Design
Plant
Invention of new, original, and
ornamental designs for
manufactured products
Any new varieties of plants that can
be reproduced asexually
16 years from the
date of the original
application
16 years from the
date of the original
application
InventionInvention
 Relates To A ProcessProcess Or ProductProduct Or
Both
 Involves An Inventive StepInventive Step
 Be Capable Of IndustrialIndustrial
ApplicationApplication
Is A Patent Granted In One Country
Enforceable In Other Countries?
• No, there is nothing like a global patent or a world
patent. Patent rights are essentially territorial in
nature
• Granting a patent in one country of the Union
does not force other countries to grant the patent
for the same invention.
• The refusal of the patent in one country does not
mean that it will be terminated in all the countries
What Does a Patent look Like?
Impact of digital technology on Patents:
Positive Impact
• Innovations & inventions
can be enhanced
• Grow economy
Negative Impact
• Huge litigation costs
• People can be confused to
find out the original product
or services
• Coalition for Patent Fairness
• Threat of rxistence of
original owners
Patent laws are prevailing in Bangladesh
• The Patents and Designs Act -1911, Patent and
Design Rules, 1933
• Patents provide 16 years protection from the
date of filing of the application
• Patentee can be compelled by the Government
to grant licenses in public interest
Trademark
Identifying words or symbols associated with a company’s goods
or services which distinguish them from those manufactured or
sold by others.
• Symbols
– ® - used to indicate a Registered Trademark
– ™ - used to brand a product
– ℠ - used to brand a service
Trademarks
Name
Logotype
Symbol
Slogan
Shape
Color
Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.
Trademarks…
Trademarks
Impact of digital technology on trademark
Positive Impact
• Market competition
increase
• New product and service
come as a cloning
Negative Impact
• Duplicate the products
• Company’s reputation can
be hamper
Trademark laws are prevailing in
Bangladesh
• Trade Marks Act, 1940
• Trademark is valid for 10 years from the date of application
which may be renewed for further period of 10 years on
payment of prescribed fees.
• Service mark Rights are reserved exclusively for owners for
17 year & it can also be renewed.
• Punishment extends from 6 months to 3 years
• A permanent bans on engaging in commercial
activities
Recommendations:
• Be up-front with customers:
• Hire a legal expert to help:
• Social networking sites and user-generated
content:
• Implications for regulators:
• Set up e-security to enforcement
• Review & amend IP related issues
CONCLUSION
• Create yourself, rather than
using other’s creations
• Do not use competitor’s mark in
such way that it harms
competitor in unfair way
• No comparisons that are likely to
cause confusion
CONCLUSION
• Technological advancement
made the job of the CREATOR
easy
………it also made the job of
the COPY-ER easy.
Any Questions…..

Impact of digital technology on intellectual property

  • 1.
    Toourpresentation Topic : Impact ofdigital technology on intellectual property Presented by: Md Faruk Hossain Konok Kumar Mondal Rawful Al-amin
  • 2.
    Digital Technology • Makecommunication easy • Digital code to transmit signals and information between different devices Ex:Television programs or human voices over phone or internet system Intellectual Property: Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce
  • 3.
    Copyright 2009 Schwegman,Lundberg & Woessner. P.A. All Rights Reserved. What is Intellectual Property (IP)… – Copyrights – Trademarks – Patents – Trade Secrets – Industrial designs – Geographical indication Typical methods of protection:
  • 4.
    Copyright • Legal termover their literary and artistic works • Protection to the unique expression of Ideas • Works covered by:  Books,  Music,  Paintings,  Sculpture,  Films,  Computer programs,  Databases,  Advertisements,  Maps and  Technical drawings
  • 5.
    Copyright 2009 Schwegman,Lundberg & Woessner. P.A. All Rights Reserved. IP surrounding Apple’s iPad™ • Copyright Protected Material… – Software – Product Literature – Web Site – Product Images – Icons – User Interface Design – Advertisements – Etc… Copyright
  • 6.
    What is notcovered by copyright? • Ideas, concepts, or principles • Facts • Words, Phrases, Familiar Symbols or slogans
  • 7.
    Impact of digitaltechnology on copyright Positive Impact • Promotes public benefits like education • Saving money • Helps for further research work • Able to add to, edit, duplicate, or otherwise “remix” the original work Negative Impact • Protects freedom of speech • Plagiarism • Losses of actual publishers and authors but benefited by third parties • Piracy Occurs
  • 8.
    Copyrights Laws areprevailing in Bangladesh • The Copyrights Act – 2000 (Amended in 2005) section 53 or section 54 • Duration of Copyright exist up to 60 years • Punishable with imprisonment up to 3 years and fined as per the claims
  • 9.
    Patents Definition: • A patentdescribes an invention for which the inventor claims the exclusive right. NEWNEW (Novel) USEFULUSEFUL NOT OBVIOUSNOT OBVIOUS PERTAINS TO PATENTABLEPERTAINS TO PATENTABLE SUBJECT MATTERSUBJECT MATTER INVENTION PATENABLE IF.....
  • 10.
    12-10 Types of Patents Typeof Patent Types of Inventions Covered Utility Duration New or useful process, machine, manufacture, or composition of material or any new and useful improvement thereof 16 years from the date of the original application Design Plant Invention of new, original, and ornamental designs for manufactured products Any new varieties of plants that can be reproduced asexually 16 years from the date of the original application 16 years from the date of the original application
  • 11.
    InventionInvention  Relates ToA ProcessProcess Or ProductProduct Or Both  Involves An Inventive StepInventive Step  Be Capable Of IndustrialIndustrial ApplicationApplication
  • 12.
    Is A PatentGranted In One Country Enforceable In Other Countries? • No, there is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature • Granting a patent in one country of the Union does not force other countries to grant the patent for the same invention. • The refusal of the patent in one country does not mean that it will be terminated in all the countries
  • 13.
    What Does aPatent look Like?
  • 14.
    Impact of digitaltechnology on Patents: Positive Impact • Innovations & inventions can be enhanced • Grow economy Negative Impact • Huge litigation costs • People can be confused to find out the original product or services • Coalition for Patent Fairness • Threat of rxistence of original owners
  • 15.
    Patent laws areprevailing in Bangladesh • The Patents and Designs Act -1911, Patent and Design Rules, 1933 • Patents provide 16 years protection from the date of filing of the application • Patentee can be compelled by the Government to grant licenses in public interest
  • 16.
    Trademark Identifying words orsymbols associated with a company’s goods or services which distinguish them from those manufactured or sold by others. • Symbols – ® - used to indicate a Registered Trademark – ™ - used to brand a product – ℠ - used to brand a service
  • 17.
  • 18.
    Copyright 2009 Schwegman,Lundberg & Woessner. P.A. All Rights Reserved. Trademarks… Trademarks
  • 19.
    Impact of digitaltechnology on trademark Positive Impact • Market competition increase • New product and service come as a cloning Negative Impact • Duplicate the products • Company’s reputation can be hamper
  • 20.
    Trademark laws areprevailing in Bangladesh • Trade Marks Act, 1940 • Trademark is valid for 10 years from the date of application which may be renewed for further period of 10 years on payment of prescribed fees. • Service mark Rights are reserved exclusively for owners for 17 year & it can also be renewed. • Punishment extends from 6 months to 3 years • A permanent bans on engaging in commercial activities
  • 21.
    Recommendations: • Be up-frontwith customers: • Hire a legal expert to help: • Social networking sites and user-generated content: • Implications for regulators: • Set up e-security to enforcement • Review & amend IP related issues
  • 22.
    CONCLUSION • Create yourself,rather than using other’s creations • Do not use competitor’s mark in such way that it harms competitor in unfair way • No comparisons that are likely to cause confusion
  • 23.
    CONCLUSION • Technological advancement madethe job of the CREATOR easy ………it also made the job of the COPY-ER easy.
  • 25.

Editor's Notes

  • #7 To be protected by copyright, a work must contain a certain minimum amount of authorship in the form of original literary, musical, pictorial, or graphic expression. Names, titles, and other short phrases do not meet these requirements Facts You can use facts in your work without the fear of liability because facts are not protected under copyright law. Copyright does not cover ideas, concepts, and principles themselves, only the form in which they are expressed. For example, Einstein's theory of special relativity is not copyrightable because it is an idea (or concept or principle). However, Einstein's article, "On the Electrodynamics of Moving Bodies," in which he explained and expressed the theory, was copyrightable. Words, Phrases, Familiar Symbols or slogans While copyright protection may not apply, be aware that trademark law protects certain words, short phrases, slogans, symbols, and designs
  • #10 Invention is a new solution to “technical” problem Inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed