Transcript Slide 1

Intellectual Property
Business Information
Technology
Dr Rosi Armstrong
27 April 2009
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Intellectual Property Rights
PATENTS
COPYRIGHT
TRADE MARKS
DESIGNS
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Patents
What IS Patentable
inventions of a technical character
What is NOT Patentable
discoveries, scientific theories, mathematical methods
aesthetic creations
methods of performing mental acts or playing games
presentation of information
methods of doing business
computer programs as such
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Patents for Business Methods
• pure business methods are difficult to protect in Europe,
as these are often held to lack a ‘technical effect’
• for example, an Internet retailing business method will be
found unpatentable if it is implemented on a conventional
computer or computer network
• can sometimes gain patent protection for business
methods in Europe if patent application is directed
towards any technical effect of the business method
• pure business methods are patentable in the USA
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Patents for Computer- Implemented Inventions
• computer-implemented inventions are those that use software on a
programmable device (computer, PDA, mobile phone, etc.)
• in Europe a patent can be granted for a computer-implemented
invention if the invention has a ‘technical effect’
• a ‘technical effect’ is an effect which gives rise to a physical change in
a physical entity, which change is beyond the normal physical effects
which occur when software is run on a computer
• technical effects include controlling a technical process or device,
improved functioning of a computer or its interfaces
• examples of technical effects are enhancing a graphic display,
controlling data storage between memories, faster communication
between mobile phones, a computer-controlled process for operating
a robot arm
• computer-implemented inventions can be patentable in USA even if
they do not have a technical effect
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Patentability Requirements
• Novelty - invention should not be disclosed to the public
by any means, anywhere, before a patent application is
filed, exception is if confidentiality has been agreed
• Inventive Step – invention must be more than a mere
obvious modification of existing technology
• Sufficiency - description of invention in patent application
must be sufficient to allow a person skilled in the field of
the invention to carry out the invention
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Patents provide …
• national monopoly right
• right to prevent others from using invention
• patent duration is up to 20 years
• patent procedure involves filing an application, novelty
search, publication of patent application, examination
and grant or refusal
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Trade Marks
• a trade mark is a sign which designates the origin of
any goods/services, i.e. it is capable of distinguishing
the goods/services of one undertaking from those of
another
• trade marks protect image, reputation and brand
• a registered trade mark gives the proprietor exclusive
rights to use the mark and take action against
unauthorised use
• an unregistered trade mark gives limited rights under
common law
• trade marks last indefinitely, renewal fees payable
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Types of Trade Marks
WORDS
LOGOS
COLOURS
SHAPES
SOUNDS
SMELLS
beware of descriptive or laudatory words, common
surnames, certain common geographical place
names, certain letters and/or numerals
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Trade Mark Registration Procedure
• choose a mark, then carry out searches to determine
if the mark is free to use
• apply to register the trade mark as soon as possible,
but can use a mark before an application is filed
• file application for trade mark for specific goods
and/or services
• trade mark application is examined and granted or
refused
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Copyright
• protects original literary works (essays, papers,
presentations), drawings, video, music and surface
decoration of 3-D articles
• also protects software code
• protects only expression of an idea, not the idea itself
• provides protection against copying only, not
independent development of work
• granted automatically, no registration scheme
• lasts for approximately life of author + 70 years
• important to mark works with copyright symbol and to
keep good records of process of creation of a work
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Design Right
• protects the shape and surface decoration of the
whole or part of an article
• protects aesthetic and industrial articles
• very important IP right in ‘design-led’ industries
• shape/decoration must be new and have individual
character or not be commonplace to gain protection
• unregistered design right accrues automatically
• registered design right must be applied for, gives
better protection
• can disclose design up to 1 year before filing
registered design application
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Ownership of Intellectual Property Rights
• first owner of Intellectual Property Rights is generally
the inventor/creator
• if an inventor/creator is employed to generate
inventions or new articles, then the employer will be
the owner of the Intellectual Property Rights
• with the exception of copyright, if a party commissions
an article, they will own the Intellectual Property
Rights
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Co-Existence of Intellectual Property Rights
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Intellectual Property Rights Strategy
• to develop a strategy for identifying and acquiring
IPRs, firstly all the products/services offered by a
company should be considered
• a decision should be reached on the importance and
the likely life-span of each of these
• consideration can then be given to any IPRs which
should be acquired and any which can be sold or
licensed
• a budget can then be drawn up
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…and finally
• creating ideas creates Intellectual Property Rights
• protecting Intellectual Property Rights can protect a
company’s products/services and generate funding for
the company
• protecting Intellectual Property Rights gives a
company a springboard into the marketplace
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