This document provides an overview of intellectual property, including its definition and main categories. Intellectual property is divided into industrial property (patents, trademarks, industrial designs, geographical indications, trade secrets) and copyright. It describes key aspects of each type of intellectual property like what they protect, who can own them, typical length of protection, examples of famous patents and trademarks. The purpose of intellectual property is to promote innovation by granting exclusive rights to creators and owners to benefit from their work.
With more and more creative aspirants coming up in market, making ones work exclusive have become need of hour. IPR brief information will give readers an idea to how to tackle infringements.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
On October 3, 2018, John Cabeca, West Coast Director of the Silicon Valley USPTO presented at CRASHSpace on Intellectual Property topics in relation to business strategy.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
Intellectual Property refers to the creations of the mind. These include inventions, works of literature and art, designs or symbols as well as names or images used by businesses. Intellectual Property has to be the original work of the creator that is, he or she should be the one who invented the idea, wrote the book or created a particular symbol. Copy the link given below and paste it in new browser window to get more information on Intellectual Property:- http://www.transtutors.com/homework-help/economics/intellectual-property.aspx
With more and more creative aspirants coming up in market, making ones work exclusive have become need of hour. IPR brief information will give readers an idea to how to tackle infringements.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
On October 3, 2018, John Cabeca, West Coast Director of the Silicon Valley USPTO presented at CRASHSpace on Intellectual Property topics in relation to business strategy.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
Intellectual Property refers to the creations of the mind. These include inventions, works of literature and art, designs or symbols as well as names or images used by businesses. Intellectual Property has to be the original work of the creator that is, he or she should be the one who invented the idea, wrote the book or created a particular symbol. Copy the link given below and paste it in new browser window to get more information on Intellectual Property:- http://www.transtutors.com/homework-help/economics/intellectual-property.aspx
پارادایم رقابت در فضای کسب و کار، بر ذهن بسیاری از مدیران امروز جهان سیطره دارد، مدیران تنها راه پیروزی و موفقیت سازمان خود را در پیشی گرفتن از رقبا و گرفتن سهم بیشتر از بازار تقاضای موجود می دانند. آزاد شدن ذهن مدیران از این پارادایم نیازمند دیگر گونه نگریستن به مفهوم استراتژی است.
digidanesh.ir
Information technologies and legislation part.1: Intellectual PropertyMorgan Magnin
This material comes from the course I give to 2nd year-students at Centrale Nantes who follow the "Webstrategies and development" program. During this semester long program, students have the opportunity to develop a sound understanding of current web marketing techniques and to put these techniques into practice through real professional missions undertaken with our partners. All courses are given in English. More information on our blog: https://pedagogie.ec-nantes.fr/web-sd/
This courses aims to give an overview of worldwide legislation with regard to the creation of websites. During the first part of my course (corresponding to these slides), I give the basics about intellectual property (patent, trademark, copyright, digital rights management). Next I focus on database rights, software licenses and personal data processing (have a look to my other slideshows).
2. What is Intellectual Property?
• Intellectual property refers
to creations of the mind.
Intellectual property is
divided into two
categories:
• Industrial Property
• Copyright
2
4. • literary, works such as novels ,poems
• films, musical works
• artistic works
• Architectural designs
• radio and television programs
4
5. • They allow the creator, or owner, of a patent,
trademark, or copyright to benefit from his or
her own work or investment.
• These rights are outlined in Article 27 of the
Universal Declaration of Human Rights
5
6. (2) Everyone has the right to the protection
of the moral and material interests resulting
from any scientific, literary or artistic
production of which he is the author.
6
7. • an exclusive right granted for an invention
– product or a process
• Granted for a limited period, generally 20
years.
• provides protection for the invention
to the owner of the patent
7
8. What kind of protection
does a patent offer?
Patent protection means that
the invention cannot be
commercially made, used,
distributed or sold without
the patent owner’s consent
8
9. What rights does
a patent owner have?
• decide who may – or
may not – use the
patented
• sell the right
• Once a patent expires,
the protection ends,
and an invention
enters the public
domain
9
10. Why are patents necessary?
• Patents provide incentives to
individuals
• These incentives encourage
innovation
10
11. • electric lighting
– patents held by Edison and Swan
• plastic
– patents held by Baekeland
• ballpoint pens
– patents held by Biro
• Microprocessors
– patents held by Intel
11
12. Who grants
patents?
• National patent office
• Regional office
• such as :
– The European Patent Office (EPO)
– the African Intellectual Property
Organization (OAPI)
12
13. • A trademark is a distinctive sign, which
identifies certain goods or services as those
produced or provided by a specific person or
enterprise.
• Its origin dates back to ancient times, when
craftsmen reproduced their signatures, or
“marks” on their artistic or utilitarian products
13
14. What does a trademark do?
• provides protection by ensuring
the exclusive right to use it to
identify goods or services, or to
authorize another to use it in
return for payment
• The period of protection varies,
but a trademark can be renewed
indefinitely on payment of
corresponding fees
14
15. What kinds of trademarks
can be registered?
The possibilities are almost
limitless:
• One or a combination of
words, letters, and numerals
• drawings, symbols, three
dimensional signs
• audible signs such as music or
vocal sounds
• fragrances, or colors
15
16. • Intel and 386, MMX
• Palm Computing and
PalmPilot
Pilot Pen
16
17. • An industrial design is the ornamental or
aesthetic aspect of an article. The 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.
• To be protected under most national laws, an
industrial design must be new or original and
nonfunctional
17
18. Why protect
industrial designs?
Industrial designs are
what make an article
attractive and appealing;
hence, they add to the
commercial value of a
product and increase its
marketability.
18
19. • the term of protection
is generally five years,
• with the possibility of
further periods of
renewal up to, in most
cases, 15 years.
19
20. A geographical indication is a sign used on
goods that have a specific geographical origin
and possess qualities or a reputation that are
due to that place of origin
20
21. • Agricultural products
typically have
qualities that derive
from their place of
production and are
influenced by specific
local geographical
factors, such as
climate and soil.
• They may also
highlight specific
qualities of a product
which are due to
human factors that
can be found in the
place of origin of the
products. 21
22. • “Roquefort” for cheese produced in this
region of France.
• “Tuscany” for olive oil , specific area of
Italy
• “Switzerland” or “Swiss” for watches
• “Bordeaux” , wine , Bordeaux region of
France
• “Habana” , tobacco, Havana region of
Cuba
• Tequila”, spirits , areas of Mexico 22
23. Why do geographical
indications need protection?
Geographical
indications are
understood by
consumers to
denote the origin
and the quality of
products
23
24. Geographical indication VS trademark
• A trademark is a sign used by an enterprise to
distinguish its goods and services from those
of other enterprises.
• It gives its owner the right to exclude others
from using the trademark.
24
25. Geographical indication VS trademark
• A geographical indication tells consumers that
a product is produced in a certain place and
has certain characteristics that are due to that
place of production.
• It may be used by all producers who make
their products in the place designated by a
geographical indication and whose products
share typical qualities.
25
26. Copyright
Copyright is the body of laws which
grants authors, artists and other creators
protection for their literary and artistic
creations, which are generally referred to
as “works”.
26
28. What rights do copyright
and related rights provide?
• They hold the exclusive
right to use or
authorize others to use
the work on agreed
terms
• not less than 50 years
after the creator’s
death
28
29. What are the benefits in
protecting copyright ?
• Essential component in fostering human
creativity and innovation
• Giving incentives in the form of recognition
and fair economic rewards
• Increases activities and output and often
enhances the results
29
30. • A group of movie studios , Led by Universal
Studios Sued Sony Corporation, Betamax
video Recorder
• The case went to Supreme Court
30
31. Trade Secrets
Used to protect
inventions than were
not patented or not
patentable
31
34. • the World Intellectual Property
Organization
• Established in 1970
• International organization
dedicated to helping to ensure
that the rights of creators and
owners of intellectual property
are protected worldwide and
that inventors and authors are
thus recognized and rewarded
for their ingenuity.
34
35. Why promote and protect
intellectual property?
1. the progress and well-being of humanity rests
on its capacity for new creations in the areas of
technology and culture
2. the legal protection of these new creations
encourages the expenditure of additional
resources, which leads to further innovation
3. the promotion and protection of intellectual
property spurs economic growth, creates new
jobs and industries, and enhances the quality
and enjoyment of life.
35
36. • powerful tool for economic development and
social and cultural well-being
• strike a balance between the interests of the
innovator and the public interest
36
37. How does the average
person benefit?
• Intellectual property rights reward creativity
and human endeavor, which fuel the progress
of humankind.
37
39. • You needed to reveal the information to buyer
• The buyer could often consume it and had not
incentive to pay
• IP law offered tools to extract value through
Licensing and other mechanisms
39
40. License
• Two strategy:
• License out: a firm
license it’s IP to another
or several firm
– Mac OS
• License in: a firm paid a
given amount to license
another firm’s IP
– Procter& Gamble – Spin
Brush – Cleveland
40
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, and images used in commerce. Intellectual property is divided into two categories:
Industrial Property
Copyright
Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions.
These incentives encourage innovation, which assures that the quality of human life is continuously enhanced.