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Intellectual Property (IP) - Coggle Diagram
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
Trademark
A distinctive name, mark, symbol or motto identified with a company's product(s)
A sign which distinguishes the goods and services of one trader from those of another
Functions of Trademark
Economic Function
Marketing Function
Quality Function
Choice Function
Origin Function
Importance of Trademark Registration
Exclusive Rights
Legal Evidence
Trademarks Act 1976 and Trademarks Regulation 1997(Amendment 2001)
Not compulsory in Malaysia
Patent
Types of Invention Protection
Patent
An exclusive right granted for an invention, which is a product or a process that provides a new way of doing some things or offers a new technical solution to a problem
Any person or company can apply for a patent
Utility Innovation
An exclusive right granted for a minor invention which does not require to satisfy the test of inventiveness as required of a patent
Alone or jointly with another person can apply
Protected under the Patents Act 1983
Patentable Inventions
Satisfy criteria
New
Involve an Inventive Action
Functional/Technical
Industrially Applicable
Non-Patentable Inventions
Discoveries, scientific theories, and mathematical methods
A literary, dramatic, musical or artistic work
Plant or animal varieties
Schemes, rules or methods for doing business
Presentation of information or computer programs
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods
Immoral or contrary to public policy
Pursuing a Patent
Pursue patents that are broad, or commercially significant, and offer a strong position
Prepare patent plan in detail
Have your actions relate to your original patent plan
Establish an infringement budget
Evaluate the patent strategically
Types of Intellectual Property (IP)
Industrial Design
Trademark
Copyright
Trade Secret
Patent
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
Copyright Act 1987
What Can Copyright Protect?
Literary works
Dramatic works
Musical works
Artistic works
Layouts or typographical arrangements
Recordings
Broadcasts
Derivative works
Ownership of Copyright
Literary works (including software and databases), theatrical, musical or artistic (including photographic)
Film
Sound recording
Trade Secrets
Information that is critical to the business success but does not qualify for a patent, trademark, copyright, or industrial design protection
Confidential information that the business needs to keep it secret to help maintain its competitive advantage
How to protect trade secrets?
Physical methods
Labeling documents
Password protection
Restricting access
Logbooks for visitors and access to confidential materials
Adequate overall security measures
Written Confidentiality Agreement
a firm asks employees to sign a confidentiality/nondisclosure agreement
Industrial Design
The ornamental or aesthetic aspect of an article
Design is not registrable if
Does not have a clear aesthetic appearance
A method or principle of construction
Designs features dictated solely by function
Integral parts which consists of features that dependent the appearance of another article
Differs only in immaterial details or features used in the relevant trade
Designs are contrary to public order or morality
Industrial design registered in Malaysia only protected in Malaysia