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Chapter 6: Managing intellectual property - Coggle Diagram
Chapter 6: Managing intellectual property
The main types of intellectual property
Copyright - provides exclusive rights to creative individuals for protection
registered designs - for the outward appearance of article & provide exclusive rights
Patents - offers a 20-year monopoly
Registered trademarks - a distinctive name, mark or symbol
First to file vs First to invent
In US there are some provisions to allow inventors
In Europe, patent applications are published while pending to allow the chance to see monopoly an inventor
In Europe, a patent is invalid
In US, applications remain secret until granted
Patents strict criteria
inventive step
industrial application
novelty
Expiry of a patent and patent extensions
the launch of generic has come off-patent can be considerable
market share falls of 85% are typical
in pharma product are refer to generic drugs
pharmaceutical drugs are easy to copy
on expiry of the patent competitors are able to use technology
The principal forms defence are brand development and further research
Patent and patent extensions
the approval take time
In US the approach is to extend lifetime of patent
introduced to compensate patent owners for regulatory delays in approving
Patent extension- Supplementary Protection Certificates
Trademarks
not cause confusion with previous trademarks
not be deceptive
be distinctive
satisfy the requirements of section 1 (1)
Improved Financial Performance
Tap patents for new revenues - systematic 'mining' of patent portfolio
Attract new capital and enhance value - patent assets recognised by stock markets
Reduce cost - portfolio maintenance costs
Remedy against infringement
In junction - an order of the court which prohibits a person making infringing copies of a work copyright
Accounts - it enables access to the profits made from the infringement of copyright
Damages - the owner of the copyright and ask the court for demages, on basis of compensations for actual loss suffered
Registered Designs
maximum of 25 years
similar in operation to the patent system
outward appearance of an article
new designs
intended for designs with aesthetic appeal