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CHAPTER 7: INTELLECTUAL PROPERTY, AINI SOFIA BINTI MOHD ZOPRI (2017302875)…
CHAPTER 7: INTELLECTUAL PROPERTY
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Intellectual Property
Any product of human intellect and creative endeavor such as innovation, design, trading style, artistic work or literary work that has value in the marketplace.
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5 Types of Intellectual Property
:open_mouth: Patent
:open_mouth: Copyright
:open_mouth: Trademark
:open_mouth: Industrial Design
:open_mouth: Trade Secret
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Protection Under Patents Act 1983
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Patent
Protected 20 years from the date of filing and once a patent expires, the owner no longer holds the exclusive rights to the invention.
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Utility Innovation
Protected 10 years from the date of filing. The term may be extended twice for a further 5 years (i.e 10+5+5) which totaled 20 years of protection.
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Criteria for Patentable Inventions
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Functional/technical
The invention must relate to how something works, what it does, what is made or how it is made. If the invention does not have functional elements, it cannot be granted a patent protection.
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New
New means that the invention has not been publicly disclosed in any form, anywhere in the world.
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Involve an inventive action or step
The invention must involve an inventive step which means that it could not be figured out by a person with average knowledge of the technical field.
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Industrially applicable
The invention must be capable of being made or used in an industry ( it can be mass produced
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Copyright
A form of intellectual property protection or exclusive right given to individuals who produce original works of art and literature, music, films, sound recording, broadcasts, derivative works and computer programs.
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5 Legal Rights of Copyright Owners
The reproduction of the works in any form (including photocopying, recording etc).
The performing, showing or playing to the public.
The communication to the public.
The distribution of copies to the public by sale or other transfer of ownership.
The commercial rental to the public.
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5 Intellectual Creation that are protected by copyright
Its reproduction in various forms such as printed publication or sound recording.
Its public performance such as in a play or musical work
Its recording for example in the form of compact discs or DVDs
Its broadcasting by radio, cable or satellite
Its adaptation such as novel into a film screenplay
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Trademark
A distinctive name, mark, symbol or motto identified with a company's products.
A sign which distinguishes the goods and services of one trader from those of another.
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Functions of Trademark
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Origin Function
A trademark helps to identify the source and those responsible for the products and services sold in the market.
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Choice Function
A trademark enables consumers to choose goods and services with ease while shopping.
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Quality Function
Consumers choose a particular trademarks for its known quality
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Marketing Function
Trademark plays important roles in marketing. It is normal for consumers to make purchases based on continuous influence of advertising.
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Economic function
Established trademark is a valuable asset. Trademarks may be licensed or franchised
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Why Trademark is Important?
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Exclusive Rights
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Legal Evidence
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Trade Secret
Information that is critical to the business success but does not qualify for patent, trademark, copyright or industrial design protection.
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Characteristics of Information that can be classified as Trade Secrets
:bird: The information is eternal where the same information remain for many years.
:bird: Not known outside the company and not necessary to be publicly announced.
:bird: Known only inside the company on a "need-to-know" basis
:bird: Can last longer that the term of a patent
AINI SOFIA BINTI MOHD ZOPRI (2017302875) EH2207C