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2.6 - Coggle Diagram
2.6
Benefits and criticisms of the IP system
(Interview)
There are arguments in favour of and against this system from an economic and social perspective. The article by Perelman (2003) presents a historical perspective on the original purpose of protecting IPRs and an analysis which suggests that the IP protection system that has become so complex and wasteful that it actually stifles, rather than promotes innovation
Ian
IP systems are protecting innovation, but on the one hand, giving these big corporations effectively a monopoly
Tony
IP protection mustn't be so strong that it stifles innovation by others. Liz
Volvo in the 1950s, they invented the three point seat belt system, which we all use in our cars today. They could have kept that patent and stopped other people using it, they didn't. They decided that would save so many lives.
the test for patentability for example, is that the invention is new and makes an inventive step. There is no requirement that the processes or products are ethical or sustainable in any way
Patenting is really about monopoly. It's a very capitalist system. It's not really designed really to benefit society. It's designed more to benefit the inventor, unfortunately. Liz
only AI is able to cover so many different domains with so much expertise, and you could really unleash amazing creativity with AI. Ian
Differences in IP protection systems
UK Intellectual Property Office (UKIPO)
European Patent Office (EPO)
US Patent and Trademark office (USPTO)
Japan Patent Office (JPO)
Chinese National Intellectual Property Administration (CNIPO) (previously SIPO)
Due diligence for inventors and IP owners
Due diligence can help with the identification of reduction of risks and liabilities associated with IPRs,
Conducting due diligence early can help you decide if your idea is viable as a commercial project and if you can protect it by registering IP
a valuable part of your due diligence process is to ensure your invention, design or trademark is not already known art and is not already IP protected.
Liz Mason & Jeremy Warhurst Interview
Focus Facilitation Ltd Owner hired a patent attorney
How trade secrets are protected
NDA's and Confidentiality agreements are important to protect knowledge assets
Developing good relationships and trust is salient part of the due diligence process and it is a good proactive strategy in IP protection.
It is good that you're thinking about IP early, and
you're being quite proactive. IP can be overlooked by firms in the early stages of start-up
focus on the important areas of the business and protect those interests, however you can, whether it's through formal or informal means
National systems for IP registration
Patents
Patents are assessed in systematic manner following standardized procedures depending on the registration office such as WIPO PCT
initially 5 years for 20 years and then passed to public domain
Could be extended beyond 20 years through SPC to compensate for testing and marketing periods (pharmaceutical patents in the EU)
Petty Patents (utility models of smaller incremental steps)
Suitable for SMEs and start-ups since they are cheaper
Not covered by TRIPs agreement
6 to 10 years
It is recommended that any patent application is made with the help of a Patent Attorney
Key IP databases
National IP databases
International IP databases
Patents Databases
EPO Espacenet
https://worldwide.espacenet.com/patent/
WIPO Patentscope
Patentscope
Designs Databases
Global Design Database
Trademarks and brand
Global Brand Database
International statutory frameworks
there are several international conventions, which are administered either by WIPO or the WTO.
These conventions aim to standardise processes for IP protection such as:
WIPO Patent Cooperation Treaty (WIPO PCT)
International Patent Application
WIPO Madrid system
provides an international registration process for registering and managing
trademarks
worldwide
Before you can file an international application, you need to have already filed an application in your home IP office
WIPO Hague system
provides for the international registration of industrial designs
does not require any prior national application or registration
WIPO International Patent Classification
provides for a hierarchical system of language independent symbols for the classification of patents and utility models according to the different areas of technology to which they pertain.
The Locarno Classification
an international classification used for the purposes of the registration of industrial designs. There are 32 design classifications.
The Nice Classification
is an international classification of goods and services applied for the registration of marks