Transcript PowerPoint Presentation - Introduction to Intellectual

Product development
and intellectual
property
Product Development is…
• To develop new product.
• Tube TV -> Plasma TV.
• A single sim card mobile phone -> double
sim card mobile phone.
• Sailing boat => steam engine boat.
Birth
Matured
Death
Longer time to invent
• Product
Development
duration
•
•
•
•
30 years
30 years
22 years
7 years
Antibiotic
Zip
Instant coffee
Ball pen
Lifecycle product
• 1990s: Lifecycle product is 18-30 years.
• New millennium: Lifecycle product became
6-18 years and nowdays, it even shorter
especially for the electronic products.
• A ‘war’ between the producer and
manufacturer; e.g. between Motorola,
Nokia, Samsung & Blueberry for the mobile
phone and between HP, Toshiba, Sony &
Apple for the laptop.
1st phase: Producing ideas
• Further reading: Crawford (1994).
• Ideas could be from the customer, R&D
department, competitor, worker or
industrial expo.
• Multi techniques could be used to
produce creative and innovative ideas
such as brainstorming technique.
2nd phase: Filtering idea
• Avoid any unaccepted ideas.
• 3 questions should be asked on three
aspects:
– Benefit (target group/customer).
– Ability.
– Profit.
3rd phase: Testing and concept
development
• Marketing and engineering development:
• Opinions from the users/customers.
Modified from Smith (1988)
Product is needed
Designing new product
The end of engineering
process
Marketing new product
0
10
20 30 40
50 60 months
Intellectual property
• “Intellectual property can be defined as
something produced by the mind, of
which the ownership or right to use
may be legally protected by copyright,
patent, trademark, etc. Intellectual
property includes industrial, litrary and
artistic works.”
•
(Al-Hawamdeh & Hart, 2002)
Types of intellectual property
•
•
•
•
•
Trade secret.
Patent.
Copyright.
Trade mark.
Industrial design.
•“Intelligence is the
new form of
property.” (Charles
Handy)
• “People with ideas – people who
own ideas – have more powerful
than people who work machines
and, in many cases more powerful
than the people who own
machines.” (Howkins, 2002)
Malaysian IP protections
•
•
•
•
•
•
•
•
(1) Akta Hakcipta 1987.
(2) Akta Perihal Dagangan 1972.
(3) Akta Cap Dagangan 1976.
(4) Akta Paten 1983.
(5) Akta Hakcipta 1987.
(6) Akta Reka Bentuk Perindustrian 1996.
(7) Akta Petunjuk Geografi 2000.
(8) Akta Reka Bentuk Susun Atur Litar Bersepadu
2000.
• (9) Akta Cakera Optik 2000.
• World Intellectual Property
Organization (WIPO), Paris
Convention1883, Berne
Convention 1886, and agreement
of Trade Related Aspects of
Intellectual Property Rights
(TRIPs) 1994.
Purposes
• Reward for the author
• Stimulate artistic & scientific creativity
Copyright ©
• Ideas are not protected by copyright.
• Duration: 50 years after death and then
become public domain.
• (Some notes are referred to the handouts by
Professor Beth Simone Noveck).
Things can be copyrighted
•
•
•
•
•
•
•
•
literary works
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works;
sound recordings; and
architectural works
Exclusive Rights of Copyright
Owners
• Reproduce the work. A book could be;
Braille, animation script, film script, ebook, condensed book etc.
• Prepare derivative works
• Distribute copies or phono-records
• Perform the work
• Display the work publicly
• Transmit sound recording digitally
Display
To "display" a work means to show a
copy of it, either directly or by means
of a film, slide, television image, or
any other device or process or, in the
case of a motion picture or other
audiovisual work, to show individual
images nonsequentially.
Sony v. Universal City
• Question: Does the sale of video tape recorders (VTRs) to
the public violate the Copyright Act?
• Can a theory of liability be made out for those who sell
“circumvention” devices?
• Why hold manufacturers liable? Why not sue the
broadcasters? Why not sue the infringing consumers?
• What does Sony argue in its defense?
Sony, cont’d.
• Court borrows from patent law to create a standard for
copyright
• Standard must balance protection of © owner and freedom
of others to engage in substantially unrelated areas of
commerce
• No contributory infringement if
– Product widely used for legitimate, unobjectionable purposes
– Device capable of substantial non-infringing uses
Sony’s Defense
• Substantial Numbers of Copyright Holders
Would Consent
• Time-Shifting is a
–
–
–
–
Non-Commercial Use
Of Material Broadcast Free to Air
Private Activity In the Home
Serves the Public Interest of Increasing Access
to TV Programming
Patent
• Novelty in product, process or equipment to
produce the product.
• Duration: 15 years.
Could not be patented
•
•
•
•
•
(1) Flora.
(2) Fauna.
(3) New method in cure the human.
(4) New purpose.
(5) Anything that could be easily bought
from the market.
• (6) Simple modification on any invention..
• Paper clip was patented by Norwegian, Johan
Vaaler in Germany, 1899.
Thomas Alva Edison (d. 1931)
• 389 patents on lamp and
electrical power, 195 on
phonograph, 150 on
telegraph, 141 on battery and
34 on telephone.
Hassan Kamel Al-Sabbah (d.
1935)
• 32 patents on solar energy, 4
patents on TV and cathode ray
tube, 6 patents on power station, 3
patents on pressure and
temperature equipments and 1
patent on condensed electrical
image.
3M
• 5-7 % of income for its R&D.
• Average 500 patents a yea including post-it
note by Art Fry.
• USD 50 000 research grant.
• The Annual Technology Fair.
• Exclusive club, The Carlton Society for the
3M innovators and inventors.
• US Patent Office declared
that 97% of the registered
patents never contribute the
profit to its owner!
(DeMatteis, 2005)
Business Week (1996): What is
the most important invention?
•
•
•
•
•
•
•
60 %: Car.
54 %: Lamp.
42 %: Telephone.
22 %: TV.
19 %: Aspirin.
13 %: Microwave.
7.6 %: Computer.