Intellectual Property

Intellectual Property Chapter 9

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What is Intellectual Property? • Industrial Property • Literary and Artistic Works

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Industrial Property Inventions: - new idea that solves technical problem and can be practically used or manufactured Marks: - any word, name, symbol, colour, or combination used by firm to identify its goods or services Industrial Designs: - original 2 or 3 dimensional lines, designs colours or shapes Appelations of Origin: - geographic names designating agricultural products e.g. champagne Trade Secrets/Know-how: - any unpatented formula, device, expertise (proprietary technology) used by a firm

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Literary and Artistic Works - any words, music, pictures or combination - new technologies e.g. software

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How is IP Protected? 1/ National Systems: - each country has IP laws, with patent, trademark and copyright protection systems; - developed countries - stronger protection - developing countries - weaker protection 2/ International Organizations -World Intellectual Property Organization (WIPO) -WTO:- Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)

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Patents patents give inventor exclusive right to use, sell or license a patented product or process and prevents use by any others for specified time in country granted

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Trademarks • - trademarks, service marks give owner exclusive right to use, sell or license a symbol and prevents anyone from use of identical or similar mark for specified period in country granted

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Industrial Design Patents • industrial design patents prevent unauthorized copy, imitation or sale of a product produced using a registered (patented) design or process

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Trade Secrets • trade secrets/know-how are not patentable and covered by national trade secrecy or contract laws • protection against disclosure by employees or licensees based on contracts (confidentiality, nondisclosure). • No international treaties 9

Copyrights copyrights – covers use of artistic work, computer program etc. You may copy, distribute, perform, broadcast, lawfully only with permission of author/owner of copyright 10

Neighbouring Rights • neighbouring rights - similar to copyrights that protect new technologies e.g. integrated circuits, derivations, developments

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Applying, Processing • • • •

Long, convoluted process No centralized authority, body WIPO, TRIPS try, do mediate disputes Seek legal advice early!

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