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UNIT 7: INTELLECTUAL PROPERTY (IP), INTERNATIONAL IP PROTECTION, "…
UNIT 7:
INTELLECTUAL PROPERTY (IP)
INTRODUCTION
Every innovation, design, trading style, artistic/literary work has its own value in the marketplace.
PURPOSE OF
IT
:check: It can be protected from being exploited by other parties through intellectual property protection
:check: Any unauthorized use of the creation or works by unauthorized parties is prohibited and protected by law
THE
DEFINITION
Defined as 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.
TYPES OF
IP
PART 1
TRADEMARK
:smiley:
Definition:
Trademark is a distinctive name, mark, symbol or motto identified with a company's product
Functions:
1. origin
2. choice
3. quality
4. marketing
5. economic
The Importance of Trademark Registration
Exclusive Rights (Registered Trademarks)
Legal Evidences (Registration Certificate Issued)
in Malaysia the trademark is governed by
Trademarks Act 1976
and
Trademarks Regulation 1997
(amendment 2001)
trademark in Malaysia:-
O
not compulsory
O
unregistered trademark still obtain protection
O
protection through usage is difficult and complicated
The Registrability
1. invented words
2. signature
3. words with no direct relation
4. distinctive sign
5. no offensive
6. no similar things
Registration Process:
1. will be examined
2. can apply for hearing if being rejected
3. being advertised (government gazette)
4. Certificate will be issued
5. RM250 for application fee, advertisement in Government Gazette is RM450
valid for 10 years
must register in every country if wants the trademark being protected in overseas separately
COPYRIGHT
:smiley:
definition:
copyright is a form of intellectual
property protection or exclusive right given to individuals who produce any original works of art and others.
Copyright in Malaysia is governed by the
Copyright Act 1987
followed with a few condition:-
the work original in character
been written down and also recorded to a material form
the author is a qualified person, has to be a Malaysian and it been the first work published in Malaysia
Things that can be Copyright Protect
Literary works
Dramatic works
Musical works
Artistic works
Layouts/typographical arrangements
recordings
Broadcasts
Derivative works
generally, copyright holds till the author died and then it will extend with 50 years more
Legal Rights of Copyright Owners
reproduction of works
performing in public
communication
distribution of copies
commercial rental
been applied irrespective
{all throughout the publics)
and what happen if an unauthorized person use the copyright items the same way as doing the legal way but vice versa.
= the copyright will be infringed
PATENT :smiley:
Technological inventions are
protected under the
Patents Act 1983.
(Invention Protection)
PATENT
This patent is 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
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.
Why Protect an Invention?
avoiding from other people or parties to use/sell/manufacturing without the owner's permission
Who Can Apply for a Patent?
Any person can apply the patent or utility innovation. and the 'person' is actually not limited to use such as a company
Patentable Inventions
Non-Patentable Inventions
Any methods or discoveries
musicla or artistic work
any presentation
Computer programs
Public Policy
Functional/Technical
New
Involve an Invention Action
Industrially Applicable
Pursuing a
Patent
(Basic Guideline)
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
Term of Protection for Patents
Patent: 20years
Utility Innovation: (10 + 5 + 5)
TYPES OF
IP
PART 2
TRADE
SECRET
:smiley:
Definitions:
Information that is critical to the business success but does not qualify for patent, trademark, copyright, or industrial design protection
Characteristic
Not known from outsider
known only by inside
safeguarded by stringent efforts
valuable
developed lots of things for it
hardly duplicated or discovered
can last longer
Protect Trade Secrets by:-
i. Physical methods (restricting, labelling, password, logbooks and upgrading security systems)
ii. written Confidentiality Agreement
INDUSTRIAL
DESIGN
:smiley:
Definition:
an industrial design is the ornamental or aesthetic aspect of an article
The design may consist of
three-dimensional features such as the shape and configuration of an article or two-dimensional features
, such as pattern and ornamentation
The Ownership Rights
O
Provides an exclusive right to take any action
O
can take legal action against an infringer within 5 years
must be new for the date of application
First-to-file rule basis
Prior disclosure will destroy the novelty of the design
NOT registrable if:
not have clear aesthetic appearance
method or principle
dictated solely
consists of other features
designs are contrary
The Terms of Protection
5years initial protection (can be extendable)
maximum is 15 years
The Extensive
register in Malaysia can only be protected in Malaysia... but if other countries must be filled within 6 months from the earliest date when first filed in any Paris Convention countries
O
the owner of the design
O
applications must be appeal at Industrial Designs Registry, Intellectual Property Corporation of Malaysia
INTERNATIONAL IP
PROTECTION
The World Intellectual Property Organization (WIPO) in Geneva
helps to curtail imitation and counterfeit products
"intelectual"
= to potray the involvement of human imagination, creativity, and inventiveness