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2.1 Identifying intellectual property - Coggle Diagram
2.1
Identifying intellectual property
What is IP?
Intangible Assets
e.g. Intellectual Property Rights (IPRs), Corporate Knowledge and Firm Competencies
Intellectual property rights (IPRs) are defined by the World Intellectual Property Organisation (WIPO) as ‘creations of the mind’
IP is divided into two categories:
Industrial property.
patents for inventions
A patent protects a new invention, which can be a product or process
To be patentable an invention must meet several criteria. It must be:
new (novel)
exhibit an inventive step
industrially applicable (useful).
industrial designs
An industrial design relates to the aesthetic (i.e. physical appearance of a product)
The features include:
shape
surface features
patterns and lines
texture
materials and ornamentation.
trademarks (brand)
words
names
colours
letters
images
numbers
drawings
symbols.
Corporate Knowledge:
trade secrets:
technical or non-technical data
formula
programmes
information about manufacturing processes, sales and distribution methods
customer or supplier databases
advertising strategies.
systems and processes
skills and knowledge of employees.
This can be done through contracts known as non-disclosure agreements
Copyright
literary works, such as including novels, films, music, artistic works, technical drawings, and architectural design.
IPRs and corporate knowledge as sources of competitive advantage
Identifying the different types of IP
It is imperative to know the features of each type of IP:
what can be protected?
the scope of protection?
what is protected against?
the term of protection?
Discrete and complex technologies
or example, consider the complexity of a mobile phone which comprises various patents, trade secrets, trademarks [including ringtones], copyright and design rights)
Inventors and Artificial Intelligence (AI)
in July 2021, the first patent was awarded to artificial intelligence as the listed inventor, by the South African patent office. The arguments for this are that companies that create AI systems have no substantial contribution to the creation of the creation itself.
Overview of the different ways to protect IP
Registerable IPRs:
patents
registered designs
trademarks and service marks.
Registrable IPRs are only protectable in the country in which they are registered
Registrable IPRs are protected through a system of statutory registration at a national office. This is usually afforded through national legislation, provided that specific registration criteria are met.
unregisterable IPRs
Unregistrable rights involve a range of legal rights, but mostly concern copyright and trademarks (and their associated brands). Here, formal registration is usually not required.
Instead, the right is automatically conferred on the owner through the creation of the work
Protecting IP through contracts
unregistrable IPRs are protectable through alternative legal mechanisms, typically contracts.
non-disclosure agreements (NDAs).
contracts of employment