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UNIT 7: INTELLECTUAL PROPERTY (IP), AKMAL HAZIQ BIN AHMAD AIZAM …
UNIT 7: INTELLECTUAL PROPERTY (IP)
Definition: a legal entitlement attached to the expressed form of an idea, or to some other intangible subject matter that enables its holder to exercise exclusive control over the use of the IP
5 types of IP rights
PATENT
Covers 2 key forms of protection:
1) Patent (an exclusive right granted for an invention)
protected 20 years from the date of filing
2) Utility Innovation (an exclusive right granted for a minor invention which does not require to satisfy the test of inventiveness like patent)
protected 10 years from the date of filing but may be extended twice on a 5-year basis
Importance:
1) gives owner the exclusive right to stop others from manufacturing/selling the owner's invention without its permission
2) owner has the right to license other parties to sell its invention
Patentable Inventions
Invention must satisfy:
1) Functional (how it works)
2) New (has not been publicly disclosed anywhere)
3) Involve and inventive action (could not be figured out by a person with average knowledge)
4) Industrially Applicable (able to be used in industry)
To pursue a patent, must follow the basic guideline:
broad or commercially significant patents
prepare patent plan in detail
relate actions to the patent plan
establish an infringement budget
evaluate the patent strategically
The World Intellectual Property Organization (WIPO) in Geneva provides facility for international patent.
helps to reduce cost of multiple patent applications in global markets
indirectly contribute to the economy of nation
Non-Patentable Inventions
1) Discoveries, theories & mathematical methods
2) Literary, dramatic, musical / artistic work
3) Biological processes for production of plants / animals
4) Anything immoral / contrary to public policy
COPYRIGHT
a form of intellectual property protection / exclusive right given to individuals
(subsist during the life of the author + 50 years after his death. If it is a joint authorship, the copyright duration is according to the author who dies last)
A work is protected automatically under the following conditions:
original work in character
the work has been recorded to a material form
the author is a qualified person / the work is first published in the country
Copyright can protect:
1) Literary works
2) Dramatic works
3) Musical works
4) Artistic works
5) Layouts / typographical arrangements
6) Recordings
7) Broadcasts
8) Derivative works
Owner could control:
the reproduction of works in any form
the performing in public
the communication to the public
the distribution of copies
the commercial rental
could be applied to works that are copied partly or wholly
Copyright is infringed (violated) when an unauthorized person performs:
reproduces works in any form
communicates by cable of the whole infringing work
makes for sale / hire any infringing copy
sells any infringing copy
possesses any infringing copy
imports into the country any infringing copy
TRADEMARK
a distinctive name, mark, symbol / motto identified with a company's product (a sign which distinguishes the goods & services of one trader from those of another)
Valid for 10 years from date of application & may be renewed every 10 years
Governed by Trademarks Act 1976 & Trademarks Regulation 1997
not protected abroad
Functions of trademark:
Origin Function (identify the source for the product sold)
Choice Function (enables consumer to choose product with ease)
Quality Function (consumer choose product for its quality)
Marketing Function (continuous influence of advertising)
Economic Function (valuable asset which may be licensed / franchised)
Importance of trademark:
Exclusive Rights (owner can take legal action for infringement)
Legal Evidence (important document to establish ownership)
Trademark must be distinctive and follow terms:
an invented word
applicant's signature
words with no direct relation to products
any distinctive sign
not deceptive, confusing, contrary to law, scandalous / offensive
no identical to earlier registered trademark
not identical to well-known trademark
INDUSTRIAL DESIGN
the ornamental / aesthetic aspect of an article that may consist of 3D / 2D features (initial protection of 5 years & maximum is 15 years only in the country)
owner has the right to take legal action against an infringer within 5 years
an industrial design must be new (it has not been made available to the public before the filing date)
NOT registrable if:
does not have a clear aesthetic appearance
a method / principle of construction
design features dictated solely by function
integral part consists of features that dependent on another article
differs only in immaterial details
designs are contrary to public
filing should be made at earliest possible time before the article is disclosed to the public
prior disclosure will destroy the novelty of design (extreme care should be exercised)
TRADE SECRETS
information that is critical to business success (confidential that includes any detailed information)
Information that are known as trade secrets:
not known outside the company (only known inside)
safeguarded by stringent efforts
valuable & provide competitive advantage
developed at great cost, time & effort
cannot be easily duplicated / discovered
can last longer than a patent
Ways to protect:
1) Physical Methods
restrict access
document labeling
password protection
logbooks for visitors & users
adequate overall security measures
2) Written Confidentiality Agreement
employees need to sign a confidential agreement and company could take legal action towards them
AKMAL HAZIQ BIN AHMAD AIZAM
2018680378
RCS2406A