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Unit 7: Intelektual Properties - Coggle Diagram
Unit 7: Intelektual Properties
Introduction :
human intellect and
creative endeavor such as innovation, design, trading style, artistic work or
literary work has value in the marketplace.
“intellectual” is used to portray
the involvement of human imagination,
creativity, and inventiveness.
Purpose
protected from being
exploited by other parties through
intellectual property protection.
unauthorized use of the creation
or works by unauthorized parties is
prohibited and protected by law.
Definition
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
Types of Invention Protection
technological inventions are
protected under the Patents Act 1983.
Patents
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.
intellectual property right granted to an inventor giving him or her the exclusive right to make, use, or sell an invention for a limited time of period (20
years).
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.
Protect Invention
gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in Malaysia without the owner’s consent or permission.
has the right to use the patented
invention, or may license to other parties to use the
invention, or sell the right of the invention to
someone else
Apply Patent
Any person may make an application for a
patent or for a utility innovation either alone or jointly with another person.
The word “person” is not limited to natural
persons and thus also includes, for example a
company.
Patentable Invention
Functional/Technical
New
Involve an Inventive Action
Industrially Applicable
Pursuing a Patent
Pursue patents that are broad, or commercially significant, and offer a strong position
Prepare patent plan in detail
Evaluate the patent strategically
Have your actions relate to your original patent plan?
Terms of Protection
A patent is protected 20 years from the date of filing.
A utility innovation is protected 10 years from the date of filing.
Copyright
a form of intellectual
property protection or exclusive right given
to individuals who produce original works
In Malaysia
Governed by the
Copyright Act 1987
A work is protected automatically upon fulfillment
Sufficient effort has been spent to make the work original in character
The work has been written down, recorded or
reduced to a material form.
The author is a qualified person or the work is made in Malaysia or the work is first published in Malaysia.
Protect
Literally works
Dramatic works
Musical works
Artistic works
Ownerships
Literally works, theatrical, musical and artistic
The author or creator of the work is also the first owner of any
copyright in it.
Film
The principal director and the film producer are joint authors and first owners of the copyright (and the economic rights)
Sound recording
The author and first owner of copyright is the record producer, in the case of a broadcast, the broadcaster; and in the case of a published edition, the publisher.
Terms
Copyright subsist during the life of the author
plus 50 years after his death.
if a work has not been published during the
lifetime of the author, copyright in the work continues to subsist until the expiration of 50 years,
With joint authorship, the life of the
author who dies last is used
Legal Rights
The reproduction of the works in any form (including photocopying, recording etc)
The performing, showing or playing to the public
The communication to the public
The commercial rental to the public.
Trademark
Meaning
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
A sign includes words, pictures, logos, names,
letters, numbers or a combination of these.
marketing tool to enable customers recognize the product of a particular trader
Function
Origin Function
Choice Function
Quality Function
Marketing Function
Economic Function
Importance of registration
Exclusive Rights
Legal Evidence
Low Governing
Trademarks Act 1976
Trademarks Regulation 1997
(Amendment 2001)
Industrial Design
Meaning
the ornamental or aesthetic
aspect of an article.
three-dimensional features such as the shape and configuration of an article, or two-dimensional features.
Ownership Right
has the right to take legal action against an infringer within 5 years
Registrable
Industrial design must be new at the date of
application.
A design is considered as new only if it has not
been made available or disclosed to the public in
any way whatsoever in Malaysia before the filing date.
Sort of Designs is excluded from Registration
It does not have a clear aesthetic appearance.
It is a method or principle of construction.
Designs features dictated solely by function.
Filling of ID
"first-to-file" rule basis, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public.
Prior disclosure will destroy the novelty of the
design. extreme care should be exercised to ensure secrecy of the design.
Extensive of ID Protection
An industrial design registered in Malaysia is
only protected in Malaysia.
protected in other countries, applications for registration will have to be filed within six (6) months
Apply for Design Registration
Only the owner of a design may apply to register the design, though an agent can be authorized to make application.
All application for the registration of industrial design must be lodge at the Industrial Designs Registry, Intellectual Property Corporation of Malaysia.
Where an applicant's ordinary residence or principal place of business is outside Malaysia, the applicant shall appoint an agent registered in the Register of Industrial Designs Agent.
Trade Secrets
Meaning
Information that is critical to the business success but does not qualify for patent, trademark, copyright, or industrial design protection.
Confidential information that the business needs to keep it secret to help maintain its competitive advantage.
Any formula, pattern, physical device, idea, process orother information that provides the owner of the
information with a competitive advantage in the
marketplace.
Characteristic of Information
Not known outside the company.
Known only inside the company on a “need-to-know” basis.
Can last longer than the term of a patent.
Protect
Physical Methods
Restricting access (access to confidential documents restricted to certain key personnel).
Written Confidentiality Agreement
a firm asks employees to sign a confidentiality/
nondisclosure agreement. If they then tell anyone about it, this is a breach of confidence and you can take legal action against them.