1.management of intellectual property rights (assets) 2016
TRANSCRIPT
Kanya HirunwattanapongFaculty of Law
Chiang Mai [email protected]
Management of Intellectual Property Rights (Assets)
What are intellectual property rights?
Do we know them IPRS when we see them?
How important are they in the market – domestic and international?
Can we create and own them?
Trade Mark
Copyright
Geographical Indication: GI
Learning the Intellectual Property Law
IP Law gives exclusive right – a monopoly right – to the inventor/creator
IP Law gives a legal protection to the exercising of ‘mental labour’.
Brain
Invention/Design
Mark
Literary works, music, films,
photos, comp. programe,
Trade Secret
Geographical Indication
Justifications of IPRs Protection
Kanya Hirunwattanapong, Faculty of Law, CMU, 2012
Natural Rights
It is ‘natural right’ of an inventor/creator to exclusively use or exploita consequence of his mental labour.It co-insides with John Locke’s philosophy (1632-1704). He argues that property is a natural right and it is derived from labour.
Innovation and Economic Incentives
The protection of intellectual property rights facilitates economic activity and encourages new researches (H.C. Anwalt; J.H. Barton).
Where intellectual property law stands ?
National/Domestic• Thailand’s IPRs
• Patent• Trademark• Copyright• Geographical
Indication• Trade Secret• Integrated
Circuit
Regional• Europe
• European Union – Single Market – Free Movement of Good
• ASEAN
International• World Intellectual
Property Organization (WIPO)
• World Trade Organization (WTO) – Trade Related-aspects of Intellectual Property Rights (TRIPs) 1995
• European Patent Convention 1978
Kanya Hirunwattanapong, Faculty of Law, CMU, 2012
Patent
Legal protection given to – Invention (not discovery), i.e., product/process/improvement of product or process
Three qualifications of the invention – new (worldwide novelty)/inventive step/industrial application
Term of protection – 20 years since the application in exchange for the full disclosure of the invention, and be ‘Public Domain’ afterward
Exclusive rights – economic right to use/sell/license/import (with first sale doctrine or exhaustion of right)
Not invention & unpatentable – plant/animal/natural micro-organism/human and animal treatment and diagnoses, principles or theories, conflict with public order
Commercialization of Patent – permission + royalty/licensing agreement/transfer the right
Petty Patent
Invention that is new & industrial applicable (no inventive step required);Duration of legal protection – 6 years + renewable twice (2 years each);
Design Patent
Duration of legal protection – 10 years since the application
Qualification of the design being protected – new design for industry and handicraft
Being new – includes no similarity to those already available to the point of misleading consumers
Exclusive right – use the protected design/import (no first sale doctrine)
European Patent Application per Country
Top Areas of Patent Application