introduction to ipr [compatibility mode]

30
Session 1 © 2009 1

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  • 1. Session1 1 2009

2. Session What is Intellectual Property?1 2 2009 3. SessionDefinition1 Intellectual property (IP) is the name given to propertyarising out of humanintellectual effort. 3 2009 4. Session Theoutputof human 1 intellectual effortoften manifests itself as new or original knowledgeor creative expressionwhich adds a desirable quality to a marketable productor service.4 2009 5. Session 1 Various elements provide intellectual output with attributes that, in one way or another, enhance the quality of life. 5 2009 6. Session These elements may be called 1 human endeavour, ingenuity, creativity, inventiveness, flash of inspiration, sudden insight, or new insight into observed facts.6 2009 7. Session These Elements may involve in1 solving a technical problem in making something with more desirable functional qualities, or result in creating something aesthetically pleasing, to satisfy a human need or want, be it sensory, social, cultural, mental, spiritual or religious.7 2009 8. Session Intellectual property refers to creations of the mind: 1 Inventions, literary, Artistic works, Designs used in commerce, Symbols, Names, Images.8 2009 9. SessionCharacteristics of IP1 A key characteristic of any property is that the owner of property has the exclusive authority to determine how that property is used. 9 2009 10. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial) 10 2009 11. SessionPhysical Property Intellectual Property1(Tangible or Material) (Intangible or Immaterial)In both the case the owner has exclusive right to determine how itis used.11 2009 12. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial) Can only be used byCan be used by one or a limited various people at the number of people at asame time (including given time.the owner or creator). 12 2009 13. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial) Has economic value Has economic value as long as it exists oronly for the duration as long as there isspecified in the laws demand for it. and as long as there isdemand for it. 13 2009 14. Session Physical PropertyIntellectual Property1 (Tangible or Material)(Intangible or Immaterial)Possibility of theft andGreater possibility ofdisputesconcerningtheft anddisputesownership is rather concerning ownership.limited.14 2009 15. Session Physical PropertyIntellectual Property1 (Tangible or Material)(Intangible or Immaterial) Theft occurs only if Theft occurs if the the possession of theproperty is copied, property changes imitated, adapted, hands. translated, used,displayed, etc. withoutpermission of theowner or creator.15 2009 16. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial)In both the cases Expenditure orincome from theproperty may be subject to taxation. 16 2009 17. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial)Both the properties May be valued andreflected on account books and balance sheets. 17 2009 18. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial)Both the properties May besecuritized and used as collateral for borrowing money 18 2009 19. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial)Both the properties May be insured. 19 2009 20. SessionIntellectual Property 1 Industrial Property CopyrightPatents Literary WorksTrade MarkArtistic Works Industrial Designs Trade Secrets Geographic Indications 20 2009 21. Session Patents 1 A patent is an exclusive right granted for an invention, which is a product or a process that provides a new and non-obvious way of doing something, or offers a new and non-obvious technical solution to a problem. 21 2009 22. Session Trade Mark1 A trademark is a sign or any combination of signs, capable of distinguishing a product or service from other products or services on the market. 22 2009 23. SessionIndustrial Designs1 An industrial design (or simply a design) is the appearance of the whole or part of a product resulting from features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.23 2009 24. Session Trade Secrets1 Trade secrets or confidential business information are any information that can be used in the operation of a business and that is sufficiently valuable and secret to afford economic advantage over others. 24 2009 25. Session Geographic Indications1 A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or reputation that are due to their place of origin. 25 2009 26. Session Copyright Copyright describes a bundle of 1 rights given to creators in relation to their literary and artistic works. It protects items such as paintings, drawings, sculptures, photographs, architecture, instruction manuals, software, databases,technical documentation, advertisements, maps, literary works, music, films or songs. 26 2009 27. Session One Product, Many IP Rights 1 A single product may be protected by a variety of different IP rights e.g. CD Player. 27 2009 28. SessionCD Player1 The innovative technical features of the product are protected by a series of PATENTS. The embedded computer programmecontrolling the operations are protected by COPYRIGHTS. The aesthetic design of CD Player can be protected by INDUSTRIAL DESIGN. 28 2009 29. Session CD Player1 The Brand used to market it can be protected as a TRADEMARK. In addition, the manufacturers probably hold a numbers of TRADE SECRETS ranging from their customer list to some of manufacturing processes or to other confidential information that they would not want to disclose to the competitors.29 2009 30. SessionCD Player 1 In addition, the inventors of CD chose to grant the authorization (or LICENCE) to a number of companies to use the CD technology in exchange of Payment, thus acquiring additional income from the LICENCE. The inventors of innovative products can obtain exclusivity to use, or prohibit others from using, each one of this elements through IP Protection. 30 2009