intellectual property rights - may 2014

8/10/2019 Intellectual Property Rights - May 2014

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Module 2 : Topic 4/4Intellectual Property

RightsCOEB422 Engineers in Society

Mr Daud Bin MohamadSemester May 2014

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Course Outcome 4

Able to interpret legal and ethical, Intellectual PropertyRights and common societal and cultural issues in theprofessional engineering practice

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Content Importance & Definition of IP

Categories of IP

Patent

Trademarks

Industrial designs

Layout design of an IC

Geographical indication

Copyright

Innovation in Engineering

Case studies

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Importance

IP and the Engineer

Research & Development Outputs

Inventions for commercialisation

IP wars: impact on society

Malaysia is into Innovation Economy

Technology + InnovationEconomy

Innovation in Engineering can be learned

E.g. TRIZ method

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Video (Intellectual Property)

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Definition

Intellectual property (IP) refers to:

creations of the mind: inventions, literary and artistic works,

and symbols, names, images,

and designs used in commerce.

Includes product and processes

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Types of IPIP is divided into two categories:

Industrial property, which includes

Inventions (patents)

Trademarks

Industrial designs

Layout design of an integrated circuit Geographic indications of source

Copyright, which includes

Literary and artistic works such as novels, poems and plays, films, musical

works, artistic works such as drawings, paintings, photographs andsculptures, and architectural designs.

Rights related to copyright include those of performing artists in their

performances, producers of phonograms in their recordings, and those of

broadcasters in their radio and television programs.

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IP RightsRights granted by law to use, exploit, assign, license andcommercialize on that IP that you have put a claim on

Why protect IP?

For commercial potential

Own commercialization through assignment, licensing, orsale of products

Bargaining tool for cross licensing or jointdevelopment/marketing arrangement

To distinguish products and services, which can generateloyalty among the customer.

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IPR Legislation in Malaysia

In Malaysia, the following legislation provides for the protection ofIPR:

a) The Copyright Act 1987;

b) The Optical Disc Act 2000;

c) Patent Act 1983;d) Trade Marks Act 1976;

e) Industrial Designs Act 1996;

f) Geographical Indications Act 2000;

g) Layout Designs of Integrated Circuit Act 2000; and

h) Trade Descriptions Act 2011.

Additionally, common law protections, under the laws of passing-off and breach of confidential information, support theaforementioned legislation, referred to collectively as IntellectualProperty Laws.

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Intellectual Property Laws

Intellectual Property Laws provide a platform for the enforcement of any breach ofIPR, whether in civil or criminal actions.

At present, criminal action can only be initiated for infringement of copyright andtrademark.

Civil actions for copyright infringement can be taken under Section 36 of theCopyright Act and criminal provisions are provided for under Section 41 of thesame Act.

Trademark rights can be enforced by civil action under Section 38 of the Trade

Marks Act 1976 and criminal prosecution under Section 8 of the Trade DescriptionAct 2011.

As for protection of rights under the laws relating to patent, industrial design,and geographical indications, only civil actions are available to the owner.

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Intellectual Property Court On 17 July 2007, the Malaysian government launched the Intellectual Property Court.

The Session Courts were given exclusive jurisdiction to try IPR infringement cases. Thisincludes all offences committed under Section 41 of the Copyright Act (1987) and the TradeDescriptions Act (2011). Though the Session Court can pass any sentence that it deems fitexcept for the death sentence, as an Intellectual Property Court, its power of sentencing islimited by the Intellectual Property Laws itself. Section 41 provides that a person will beguilty of an offense, unless a person is able to prove that he acted in good faith and had noreasonable grounds for supposing that the copyright or performers rights would or mightbe infringed if he or she does any of the following:

a.) makes for sale or hire any infringing copy;

b.) sells or lets for hire, or by way of trade, exposes or offers for sale or hire any infringing copy;

c.) distributes any infringing copies;

d.) possesses, otherwise than for his private and domestic use, any infringing copy;

e.) by way of trade, exhibits in public any infringing copy;

f.) imports into Malaysia, otherwise than for his own private and domestic use, an infringing copy;

g.) makes or has in his possession any contrivance used or intended to be used for the purposes ofmaking infringing copies;

h.) circumvents or causes the circumvention of any effective technological measures;

i.) removes or alters any electronic rights management information without authority;

j.) distributes, imports for distribution, or communicates to the public without authority, works or copies

of works in respect of which electronic rights management information has been removed withoutauthority;

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Intellectual Property Court

The criminal penalties imposed by this same section are a fine between RM2000and RM20,000 per infringing copy, imprisonment for a term not exceeding five

years, or both a fine and imprisonment. For the conviction of a subsequentoffence, the penalties are a fine of between RM4000 and RM40,000 per infringingcopy, imprisonment for a term not exceeding ten years, or both a fine andimprisonment.

For example, in one case where the infringer was found guilty and convicted for distributing1,195 DVDsof a Japanese animated film, the Intellectual Property Court judge fined theoffender a total amount ofRM2.39 million

Support from the industry: The support from the industry is very important.Since IPR govern private property, support from IPR owners is of top priority.

There must be complaints from the owner, and the owner must be willing to submitevidence of ownership to support such prosecution or else the prosecution will fail.

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Enforcing IPTwo main avenues of enforcement:

Criminal enforcement, which are complaints lodged with the Enforcement

Division of the Ministry of Domestic Trade, Cooperatives and Consumerism(ED)

For counterfeiting or piracy.

The ED has the power to seize products and prosecute offenders/ counterfeiter.

File a civil suit in the High Court: private mediation via legal professionals:

action can be filed against the infringers where the usual result is for an

injunction (i.e. a court order obliging the infringer to immediately stop their

infringing activities) and damages to be paid to the rights owner.

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PATENTVideo14
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Patent

What is Patent? A patent is an exclusive right granted for an

invention, which is a product or a process that provides a new

way of doing something, or offers a new technical solution to aproblem.

What is Utility Innovation? A utility innovation is an exclusive

right granted for a "minor" invention which does not require tosatisfy the test of inventiveness as required of a patent.

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Patent

Products or methods embodying a high level oftechnological creativity; Items characterized by alonger life cycle than an item protectable as a utilitymodel

Example:

pharmaceuticals or, machines used for manufacture or,pioneering advances in semiconductors;

Computer hardware and related computer programs;

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Utility Innovation Devices having a short life cycle, embodying a creative

idea applicable to the shape, structure or othertechnological aspects of a product, while typically

showing potential for early implementation andmarketing

examples: an improved device capable of reducing the amountof water used to flush a toilet or, a bottle cork remover capable

of faster operation than known devices

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Patentable Invention Novel or New

Non-obvious

An invention must be sufficiently different

For example, the substitution of one material for another, orchanges in size, are ordinarily not patentable

Inventions which are useful

The gadget must do something and serve some practicalpurpose

It must be able to perform its declared purpose

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Do not patent

Laws of nature (wind, gravity)

Physical phenomena (sand, water) Abstract ideas (mathematics, a philosophy)

Literary, dramatic, musical, and artistic works. These can becopyright protected.

Perpetual motion machines as they are considered impossible.

Patenting of things useful solely in the utilization of special nuclearmaterial or atomic energy for atomic weapons.

Anything designed for an illegal activity.

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TRADEMARKSVideo22
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Trademarks

A trade mark is a sign which distinguishes the

goods and services of one trader from those ofanother. A mark includes words, logos, pictures,

names, letters, numbers or a combination ofthese.

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INDUSTRIALDESIGNS

Video

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Industrial Designs What is an industrial design?

An industrial design is the ornamental oraesthetic aspect of an article. The design may

consist of three-dimensional features such asthe shape and configuration of an article, ortwo-dimensional features, such as pattern andornamentation. The design features must beapplied to an article by any industrial process

or means of which the features in the finishedarticle appeal to eye.

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INTEGRATED

CIRCUIT LAYOUT

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IC Layout Design

What Is A Layout-Design Of An Integrated Circuit?

A layout-design of an integrated circuit is the three-dimensional disposition of the elements of an integratedcircuit and some or all of the interconnections of theintegrated circuit or such three-dimensional disposition

prepared for an integrated circuit intended formanufacture.

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GEOGRAPHICAL

INDICATIONSVideo

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Geographical Indications of Source

What is Geographical Indications?

"Geographical indications" is an indication whichidentifies any goods as originating in a country orterritory, or a region or locality in that country or territory,where a given quality, reputation or other characteristicof the goods is essentially attributable to theirgeographical origin. Geographical indications can be usedon natural or agricultural product or any product ofhandicraft or industry.

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COPYRIGHT40


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Copyright

What Is Copyright?

Copyright is the exclusive right given to theowner of a copyright for a specific period.

Copyright protection in Malaysia is governed by

the Copyright Act 1987. There is no system ofregistration for copyright in Malaysia.

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Innovation in

Engineering

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Malaysias Innovation Economy

K-Economy Master Plan 2002

Now moving towards Innovation Economy

Challenges of K-Economy: Knowledge (science) does not impact the economy

Technology and Innovation do

Innovation Economy Growth through economic restructuring and diversification into

production of manufactures goods with high value added,including green products

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Green Economy

Emphasis on sustainability

Energy, water, food security

Technological feasibility

Economic viability

TECHNOLOGY AND INNOVATION THAT IMPACTS

THE ECONOMY !!!46


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Can innovation be taught? 1946 present: originated in the work of Genrich

Altshullerin Russia-derived from analysis of more than

200,000 world wide patents-problem solvers combinetheir knowledge with the knowledge of thousands ofsilent inventors synthesized down to just 40,000innovative patent key

key discoveries:1. problems and solutions were repeated across industries & sciences

2. patterns of technical evolution were repeated across industries &sciences

3. innovations used scientific effects outside the field where they weredeveloped

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TRIZ brief description

TRIZ Theory of Inventive Problem

From the analysis of a large number of good patents,Altshuller extracted the essence of ideas which achieved

breakthroughs of conventional technology, andcondensed them into "40 Principles of Invention

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Solving"40 Principles of Invention" in TRIZ

1. Segmentation

2. Taking out3. Local Quality

4. Asymmetry

5. Merging

6. Universality

7. 'Nested doll

8. Anti-weight9. Preliminary anti-action

10. Preliminary action

11. Beforehand cushioning

12. Equipotentiality

13. 'The other way around

14. Spheroidality

15. Dynamics

16. Partial or excessive actions

17. Another dimension

18. Mechanical vibration

19. Periodic action

20.Continuity of useful action

21. Skipping

22. 'Blessing in disguise23. Feedback

24. 'Intermediary

25. Self-service

26. Copying

27. Cheap short-living

28. Mechanics substitution

29. Pneumatics and hydraulics

30. Flexible shells and thin films

31. Porous materials

32. Color changes

33. Homogeneity

34. Discarding and recovering

35. Parameter changes

36. Phase transitions

37. Thermal expansion

38. Strong oxidants

39. Inert atmosphere

40. Composite material

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Samsung and Apple

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Sample Final Exam

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Question

Egypts year round moderate climate is perfect for cotton plantation andgives it a superior quality. Among the cottons grown in Egypt, Barbadencecotton is of the highest quality and well renowned for its long fibers and thinyarn. Longer fibers enhance the quality of yarn, and the thin yarn allowshigher thread counts per square inches. Another factor that contributes tothe unique quality of Egyptian cotton is that it is hand-picked, which reducesthe stress on the fibers and preserves the cotton far better than mechanical

picking. As a result, the sheets made from Egyptian cotton are soft, strongand durable.

How can Egypt protect their product against challenges from cottonproducers from the United States, China, India and other countries based on

your understanding on Intellectual Property Rights.

[10 marks]

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References

Website of Intellectual Property Corporation of Malaysia (PHIM):http://www.myipo.gov.my/

Past lecture notes of COEB422 on Intellectual Property Rights byProf Dr Norashidah Md Din.

Study on Specialized Intellectual Property Courts, InternationalIntellectual Property Institute (2012)

Case studies: The ASEAN IPR SME Helpdesk: http://www.asean-

iprhelpdesk.eu Case studies: World Intellectual Property Organization:

http://www.wipo.int/portal/en/

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intellectual property rights - may 2014

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