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UNIT 7: INTELLECTUAL PROPERTY (IP) - Coggle Diagram
UNIT 7: INTELLECTUAL PROPERTY (IP)
HUMAN INTELLECT:
innovation, design, trading style, artistic work
Intellectual
- human imagination, creatuvuty & inventiveness.
PURPOSE:
Be protected from being exploited by other parties thru intellectual property protection
CONCEPT:
Work by unauthorized paries is prohibited & protected by law.
DEFINATION:
A legal entitlement attached to the expressed form of an idea or to some other intangible subject matter, that enables its holder to excercise exclusive control over the use od the IP.
TYPE OF IP RIGHTS
- provide protection for creations against infrngement by others.
1. PATENT
In MALAYSIA, tech inventions are protected under the
Patents Act 1983
TWO key forms of protection
1) PATENT- exclusive right granted for an invention, which provides an offers a new technical solution to solve a prob.
-An 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).
-Renewal of IP right will be extended to 10+5+5 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 as required of a patent.
-Utility innovation provides intellectual property right for those incremental and lower level inventions that would not be sufficiently inventive to qualify for a standard patent. This is due to the inventive threshold being lowered compared to a standard patent, that is, the utility innovation requires an innovative action rather than an inventive action.
-Renewal utility of IP right will be extended to 10+5+5 years from the date of filing.
WHY PROTECT?
A patent owner has the right to use the patented invention to other parties to use the invention or sell the right of the invention to someone else who will then become the new owner of the patent.
WHO CAN APPLY?
Any person may make an application for a patent or for a utility innovation either alone or jointly with another person.
4 CRITERIA FOR AN INVENTION
Technical- must relate to how something works, what it does, what it is made of, or how it is made.
New- has not been publicly disclosed
Involve an Inventive Action- could not be figured out by a person with average knowledge
Industrially Applicable- must be capable of being made or used in an industry
WHERE TO APLLY?
The Patent Registration Office, Intellectual Property Corporation of Malaysia in Kuala Lumpur
2. COPYRIGHT
A form of intellectual property protection or exclusive right given to individuals
Protection in Malaysia is governed by the Copyright Act 1987.
WHAT CAN COPYRIGHT PROTECT?
Literary works- novels, instruction manuals, computer programs, song lyrics, newspaper articles
Dramatic works- theatre presentation and stage plays
Musical works- composition
Artistic works- paintings, engravings, photographs, sculptures, collages, architecture
Layouts or typographical arrangements- used to publish a work for a book
Recordings- jingles, sounds and films
Broadcasts- documentary, live coverage of events
Derivative works- producing Harry Potter movie series from the novel of the same name
3. TRADEMARK
In Malaysia, a trademark is governed by Trademarks Act 1976 & Trademarks Regulation 1997 (Amendment 2001)
-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: eg- words, pictures, logos, names, letters, numbers or a combination of these.
-Used as a marketing tool to enable customers recognize the product
FUNTIONS OF TRADEMARK
Origin Function- to identify the source and those responsible for the products and services sold in the market.
Choice Function- enables consumers to choose goods and services with ease while shopping.
Quality Function- consumers choose a particular trade marks for its known quality.
Marketing Function- continuous influence of advertising.
Economic Function- a valuable asset & may be licensed or franchised
TERM OF PROTECTION
Valid for 10 years from the date of application and may be renewed every 10 years.
5. TRADE SECRET
Information that is critical to the business success
Confidential information
Formula: pattern, physical device, idea, process or other information
CHARACTERISTICS OF INFORMATION
Not known outside the company.
Known only inside the company on a “need-to-know” basis.
Safeguarded by stringent efforts to keep the information confidential.
Valuable and provides the company a compelling competitive advantage.
Developed at great cost, time and effort.
Cannot be easily duplicated, reverse engineered or discovered.
Can last longer than the term of a patent.
HOW ITS PROTECT?
1) Physical Methods- Restricting access, labelling documents, password protection, logbooks for visitors and access to confidential materials and adequate overall security measures
2) Written Confidentiality Agreement- A firm asks employees to sign a confidentiality/ nondisclosure agreement.
4. INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an article.
Consist of 2 dimensional features: pattern and ornamentation.
The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringement.
HOW ITS PROTECT?
An industrial design registered in Malaysia is only protected in Malaysia.
Protected in other countries, applications for registration will have to be filed within 6 months from the earliest date when it was first filed in any of the Paris Convention member countries.
WHO CAN APPLY?
Only the owner of a design may apply to register the design, though an agent can be authorized to make application.
TERM OF PROTECTION
Initial protection period of 5 years
Maximum protection period is 15 years