ipr talk

8/8/2019 ipr talk

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As with all fields of intellectual property copyright is concerned withprotecting the work of the human intellect. The domain of copyright is theprotection of literary and artistic works. These include writings, music, and worksof the fine arts, such as paintings and sculptures, and technology-based workssuch as computer programs and electronic databases.

Note that copyright protects works, that is the expression of thoughts, and notideas. So if you imagine a plot, this, as such, is not protected. For example, a plotconsisting of a story about young men and women falling in love despite familyand caste obstacles would not be protected. Different writers may build storiesbased on a similar plot. But when you express it in a synopsis or in, say, a shortstory, or a play, the expression of the plot in that story will be protected. Hence,for example, Shakespeare’s play Romeo and Juliet would be considered as acreative expression of that plot. Still, other writers may build new stories basedon a similar plot.

Trademarks existed in the ancient world. As long as 3000 years ago, Indiancraftsmen used to engrave their signatures on their artistic creations before sendingthem to Iran. Later on, over 100 different Roman pottery marks were in use, includingthe FORTIS brand that became so famous that it was copied and counterfeited. Withthe flourishing trade in the Middle Ages the use of trademarks increased.Today trademarks (often abbreviated as TM in English) are in common usageand most people on the planet could distinguish between the trademarks for the twosoft drinks Pepsi-Cola _ and Coca-Cola _.The growing importance of trademarks in commercial activities is due to theincreased competition among companies undertaking trade in more than one country.Trademarks have been used to simplify the identification by consumers of goods or

services, as well as their quality and value. Thus, a trademark may be considered asa tool of communication used by producers to attract consumers.In this module you will learn what sort of signs can be used for trademarks andwhat characteristics they must have. You will be able to distinguish between acollective mark and a certification mark. This module will also explain how wellknownor famous marks are given special protection under the Paris Convention andthe TRIPS Agreement.

Words: ‘Apple’ for computers; Deutsche Bank for a bank,Arbitrary or fanciful designations: Coca-Cola, Nikon, Sony, NIKE, Easy Jet.Names: Ford, Peugeot, Hilton (hotel)Slogans: ‘Fly me’ , for an airline;Devices: the star for Mercedes Benz, the flying lady for Rolls RoyceNumber: the 4711 cologneLetters: GM, FIAT, VW, KLMPictures or symbols: Lacoste (small crocodile)

8/8/2019 ipr talk


To be distinctive it must by its very nature be able to distinguish goods andservices as I mentioned just now. I think a good example would be the word“apple”. While “Apple” is a very distinctive trademark for a computer, because ithas absolutely nothing to do with computers, it would not be distinctive for

actual apples. In other words, someone who grows and sells them could notregister the word ‘apple’ as a trademark and protect it, because his competitorshave to be able to use the word to describe their own goods. So in generalterms a trademark is not distinctive if it is descriptive. It is descriptive if itdescribes the nature or identity of the goods or services for which it is used. Buta trademark can also be deceptive, namely when it claims a quality for thegoods that they do not have.

Now, let's listen to the next audio segment, which explains the purpose andhistory of patent protection.

Audio segment 1: Can you tell me what the purpose of a patent is? The purpose of a patent is to provide a form of protection for technological advances. The theory is that patent protection will providea reward not only for the creation of an invention, but also for thedevelopment of an invention to the point at which it is technologicallyfeasible and marketable, and that this type of an incentive wouldpromote additional creativity and encourage companies to continue their development of new technology to the point at which it is marketable,useful to the public and desirable for the public good.

The first of those criteria is that it hasto be new (novel), meaning that theinvention must never have beenmade before, carried out before or used before.The second criterion is that theremust have been an inventive step.In other words, it must represent asufficient advance in relation to thestate of the art before it was made tobe considered worth patenting.

The term "non-obvious" is also used: if it were obvious to a person of ordinary skill in the field concerned, it would not progress to the stagequalifying for patent protection.The third criterion is that it needs to be industrially applicable. It has tobe susceptible of use in some way. This is a very broad criterion.Almost anything can be used, even if it’s in the research stage, but, as Imentioned, that does not apply to a perpetual motion machine, becauseit simply will not work.

8/8/2019 ipr talk


ipr talk

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