Please enable JavaScript.

Coggle requires JavaScript to display documents.

INTELLECTUAL PROPERTY - Coggle Diagram

- - - - WHY PROTECT AN INVENTION?
        
        WHO CAN APPLY FOR A PATENT?
        
        PATENTABLE INVENTIONS
        
        NON-PATENTABLE INVENTIONS
        
        PURSUING A PATENT
        
        TERM OF PROTECTION FOR PATENTS
        
        2 more items...
        
        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.
        
        Discoveries and scientific theories
        
        Literary or dramatic
        
        Plant or animal varieties
        
        Schemes or rules for doing business
        
        Methods for the treatment of human or animal body by surgery or therapy
        
        Immoral or contrary to public policy
        
        Functional/Technical
        
        New
        
        Involve an inventive action
        
        Industrial applicable
        
        Any person may make an application for a patent or for a utility innovation either alone or jointly with another person.
        
        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.
      - Protected under Patents Act 1983 (Malaysia)
        
        Patent
        
        Utility innovation
        
        UTILITY INNOVATION
        
        An exclusive right granted for a minor inventio which does not require to satisfy the test of inventiveness as required of a patent.
        
        Provides intellectual property right for those incremental and lower level inventions that would not be sufficiently inventive to qualify for a standard patent.
        
        PATENT
        
        An exclusive right granted for an invention.
        
        Patents Act 1983 (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 (20years))
  - - - COPYRIGHT IN MALAYSIA
        
        WHAT CAN COPYRIGHT PROTECT
        
        OWNERSHIP OF COPYRIGHT
        
        TERM OF PROTECTION FOR COPYRIGHTS
        
        LEGAL RIGHTS OF COPYRIGHT OWNERS
        
        WHAT CONSTITUTES COPYRIGHT INFRINGEMENT?
        
        1 more item...
        
        The performing, showing or playing to the public
        
        The communication to the public
        
        The commercial rental to the public
        
        Copyright subsist during the life of the author plus 50 years after his death.
        
        Literary works -author or creator of the work
        
        Film -principal director and the film producer
        
        Sound Recording -author and first owner of copyright
        
        Literary works
        
        Dramatic works
        
        Musical works
        
        Artistic works
        
        Layouts or typographical arrangements
        
        Recordings
        
        Broadcasts
        
        Derivative works
        
        Copyright Act 1987
        
        the work original in character
        
        the work has been written down, recorded or reduced to a material form.
        
        the author is a qualified person
      - A form of intellectual property protection or exclusive right given to individuals.
  - - - FUNCTIONS OF TRADEMARK
        
        IMPORTANCE OF TRADEMARK REGISTRATION
        
        LAW GOVERNING TRADEMARKS
        
        REGISTRATION OF TRADEMARK IN MALAYSIA
        
        REGISTRABILITY OF TRADEMARK
        
        REGISTRATION PROCESS
        
        2 more items...
        
        Not all trademarks can be registered
        
        Must be distinctive
        
        Not Compulsory
        
        Trademarks Act 1976
        
        Trademarks Regulation 1997 (Amendment 2001)
        
        Exclusive Rights -registered trademark owners are conferred exclusive right to use their marks in trade.
        
        Legal Evidence -registration certificate issued by the KPDNKK
        
        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 -a particular trademarks for its known quality.
        
        Marketing Function –consumers to make purchases based on continuous influence of advertising.
        
        Economic Function -a valuable asset. Trademarks may be licensed or franchised.
      - A distinctive name, mark, symbol or motto identified with a company's products.
  - - - OWNERSHIP RIGHTS
        
        WHAT IS A REGISTRABLE INDUSTRIAL DESIGN
        
        WHAT SORT OF DESIGNS IS EXCLUDED FROM REGISTRATION?
        
        FILING OF INDUSTRIAL DESIGNS
        
        TERM OF PROTECTION FOR INDUSTRIAL DESIGN
        
        HOW EXTENSIVE IS INDUSTRIAL DESIGN PROTECTION?
        
        2 more items...
        
        Maximum protection period is 15 years.
        
        As claims are based on a "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.
        
        It does not have a clear aesthetic appearance.
        
        It is a method or principle of construction.
        
        Designs features dictated solely by function.
        
        Integral parts which consist of features that dependent upon the appearance of another article.
        
        Differs only in immaterial details or in features commonly used in the relevant trade (trade variants).
        
        The designs those are contrary to public order or morality.
        
        An industrial design must be new at the date of application.
        
        The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringrment.
      - The ornamental or aesthetic aspect of an article.
  - - - CHARACTERISTICS OF INFORMATION THAT CAN BE CLASSIFIED AS TRADE SECRETS
        
        HOW TO PROTECT TRADE SECRETS?
        
        Physical Methods
        
        Restricting access.
        
        Labeling documents.
        
        Password protection.
        
        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.
        
        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.
      - Confidential information
      - Any formula, pattern, physical device, idea, process or other information
      - Information that is critical to the business sucess.