Page 1Innovation andCommercializationLecture 10LO 4: Evaluation of methods forprotecting intellectual property.Intellectual PropertyPage 2By the end of the Session ObjectivesYou will be able to:• Understand the definition of IP.• Understand how to protect IP• Understand the patent, copy right, trademarks etc.• Understand the use of IP.Definition of intellectual property• Intellectual Property Rights are exclusive legal rights … Continue reading “Innovation and Commercialization | My Assignment Tutor”
Page 1Innovation andCommercializationLecture 10LO 4: Evaluation of methods forprotecting intellectual property.Intellectual PropertyPage 2By the end of the Session ObjectivesYou will be able to:• Understand the definition of IP.• Understand how to protect IP• Understand the patent, copy right, trademarks etc.• Understand the use of IP.Definition of intellectual property• Intellectual Property Rights are exclusive legal rights overcreations of the mind. They give the owner rights fromwhich to exploit their intellectual creation. They areconsidered crucial to fostering innovation by providing afinancial incentive to stimulate creativity, wherebybusinesses can reap the benefits from their inventions andwill be more willing to invest in research and development.Page 3Importance of IPR• First, the progress and well-being of humanity rest on its capacity tocreate and invent new works in the areas of technology and culture.• Second, the legal protection of new creations encourages thecommitment of additional resources for further innovation.• Third, the promotion and protection of intellectual property spurseconomic growth, creates new jobs and industries, and enhances thequality and enjoyment of life.• An efficient and equitable intellectual property system can help allcountries to realize intellectual property’s potential as a catalyst foreconomic development and social and cultural well-being.• The intellectual property system helps strike a balance between theinterests of innovators and the public interest, providing anenvironment in which creativity and invention can flourish, for thebenefit of all.How does the average personbenefit?• Intellectual property rights reward creativity and humanendeavour, which fuel the progress of humankind.• Some examples: The multibillion dollar film, recording,publishing and software industries – which bring pleasure tomillions of people worldwide – would not exist withoutcopyright protection. Without the rewards provided by thepatent system, researchers and inventors would have littleincentive to continue producing better and more efficientproducts for consumers. Consumers would have no means toconfidently buy products or services without reliable,international trademark protection and enforcementmechanisms to discourage counterfeiting and piracyPage 4What is a Patent?• A patent is an exclusive right granted for an invention – a productor process that provides a new way of doing something, or thatoffers a new technical solution to a problem. A patent providespatent owners with protection for their inventions. Protection isgranted for a limited period, generally 20 yearsWhat kind of protection do patents offer?• Patent protection means an invention cannotbe commercially made, used, distributed orsold without the patent owner’s consent.Patent rights are usually enforced in courtsthat, in most systems, hold the authority tostop patent infringement. Conversely, acourt can also declare a patent invalid upona successful challenge by a third party.Page 5What rights do patent owners have?• A patent owner has the right to decide who may – or maynot – use the patented invention for the period duringwhich it is protected. Patent owners may give 5 permissionto, or license, other parties to use their inventions onmutually agreed terms. Owners may also sell theirinvention rights to someone else, who then becomes thenew owner of the patent. Once a patent expires, protectionends and the invention enters the public domain. This isalso known as becoming off patent, meaning the owner nolonger holds exclusive rights to the invention, and itbecomes available for commercial exploitation by others.What role do patents play in everydaylife?• Patented inventions have pervaded every aspect of humanlife, from electric lighting (patents held by Edison andSwan) and sewing machines (patents held by Howe andSinger), to magnetic resonance imaging (MRI) (patentsheld by Damadian) and the iPhone (patents held by Apple).In return for patent protection, all patent owners areobliged to publicly disclose information on their inventionsin order to enrich the total body of technical knowledge inthe world. This ever-increasing body of public knowledgepromotes further creativity and innovation. Patentstherefore provide not only protection for their owners butalso valuable information and inspiration for futuregenerations of researchers and inventors.Page 6How is a patent granted?• The first step in securing a patent is to file a patentapplication. The application generally contains the title ofthe invention, as well as an indication of its technical field.It must include the background and a description of theinvention, in clear language and enough detail that anindividual with an average understanding of the field coulduse or reproduce the invention. Such descriptions areusually accompanied by visual materials – drawings, plansor diagrams – that describe the invention in greater detail.The application also contains various “claims”, that is,information to help determine the extent of protection to begranted by the patent.What kinds of inventions can beprotected?• An invention must, in general, fulfill the followingconditions to be protected by a patent. It must be ofpractical use; it must show an element of “novelty”,meaning some new characteristic that is not part of thebody of existing knowledge in its particular technical field.That body of existing knowledge is called “prior art”. Theinvention must show an “inventive step” that could not bededuced by a person with average knowledge of thetechnical field. Its subject matter must be accepted as“patentable” under law. In many countries, scientifictheories, mathematical methods, plant or animal varieties,discoveries of natural substances, commercial methods ormethods of medical treatment (as opposed to medicalproducts) are not generally patentable.Page 7Who grants patents?• Patents are granted by national patent offices or byregional offices that carry out examination work for agroup of countries – for example, the European PatentOffice (EPO) and the African Intellectual PropertyOrganization (OAPI). Under such regional systems, anapplicant requests protection for an invention in one ormore countries, and each country decides whether to offerpatent protection within its borders. The WIPOadministered Patent Cooperation Treaty (PCT) providesfor the filing of a single international patent applicationthat has the same effect as national applications filed in thedesignated countries. An applicant seeking protection mayfile one application and request protection in as manysignatory states as needed..What is a trademark?• A trademark is a distinctive sign that identifies certaingoods or services produced or provided by an individual ora company. Its origin dates back to ancient times whencraftsmen reproduced their signatures, or “marks”, on theirartistic works or products of a functional or practicalnature. Over the years, these marks have evolved intotoday’s system of trademark registration and protection.The system helps consumers to identify and purchase aproduct or service based on whether its specificcharacteristics and quality – as indicated by its uniquetrademark – meet their needsPage 8What do trademarks do?• Trademark protection ensures that the owners of marks have theexclusive right to use them to identify goods or services, or toauthorize others to use them in return for payment. The period ofprotection varies, but a trademark can be renewed indefinitelyupon payment of the fees. Trademark protection is legally enforcedby courts that, have the authority to stop trademark infringement.In a larger sense, trademarks promote initiative and enterpriseworldwide by rewarding their owners with recognition andfinancial profit. Trademark protection also hinders the efforts ofunfair competitors, such as counterfeiters, to use similar distinctivesigns to market inferior or different products or services. Thesystem enables people with skill and enterprise to produce andmarket goods and services in the fairest possible conditions,thereby facilitating international trade.What kinds of trademarks can beregistered?• Trademarks may be one or a combination of words, letters andnumerals. They may consist of drawings, symbols or signs, such asthe shape and packaging of goods. In some countries, non-traditionalmarks may be registered for distinguishing features such asholograms, motion, colour and non-visible signs (sound, smell ortaste).• Collective marks are owned by an association whose members usethem to indicate products with a certain level of quality and whoagree to adhere to specific requirements set by the association, e.g.,accountants, or architects. Certification marks are given forcompliance with defined standards They may be granted to anyonewho can certify that their products meet certain established standards.Some examples “ISO 9000” quality standards and Ecolabels forproducts with reduced environmental impact.Page 9How extensive is trademarkprotection?• Almost all countries in the world register and protecttrademarks. Each national or regional office maintains aRegister of Trademarks containing full applicationinformation on all registrations and renewals, whichfacilitates examination, search and potential opposition bythird parties. The effects of the registration are, however,limited to the country (or, in the case of regionalregistration, countries) concerned.How extensive is trademark protection?(2)• To avoid the need to register separate applications witheach national or regional office, World IntellectualProperty Organization (WIPO)administers an internationalregistration system for trademarks. The system is governedby two treaties: the Madrid Agreement Concerning theInternational Registration of Marks and the MadridProtocol. Persons with a link (be it through nationality,domicile or establishment) to a country party to one orboth of these treaties may, on the basis of a registration orapplication with the trademark office of that country (orrelated region), obtain an international registration havingeffect in some or all of the other countries of the MadridUnion.Page 10What is an industrial design ?• An industrial design refers to the ornamental or aestheticaspects of an article . A design msay consist of threedimensional features, such as the shape or surface of anarticle, or two dimensional features, such as patterns orcolour.• To be protected under most national laws, an industrialdesign must be new or original and and non-functional.This means that an industrial design is primarily of anaesthetic nature, and any technical features of the article towhich it is applied are not protected by the designregistration. However those features could be protected bypatent.Why protect industrial designs?• Industrial designs are what make an article attractive andappealing; hence, they add to the commercial value of a productand increase its marketability. When an industrial design isprotected, the owner – the person or entity that has registered thedesign – is assured an exclusive right and protection againstunauthorized copying or imitation of the design by third parties.This helps to ensure a fair return on investment. An effectivesystem of protection also benefits consumers and the public atlarge, by promoting fair competition and honest trade practices,encouraging creativity and promoting more aesthetically pleasingproducts. Protecting industrial designs helps to promote economicdevelopment by encouraging creativity in the industrial andmanufacturing sectors, as well as in traditional arts and crafts.Designs contribute to the expansion of commercial activity and theexport of national products.Page 11How can industrial designs beprotected?• In most countries, an industrial design must be registeredin order to be protected under industrial design law. As arule, to be registrable, the design must be “new” or“original”. Generally, “new” means that no identical orvery similar design is known to have previously existed.Once a design is registered, a registration certificate isissued. Following that, the term of protection granted isgenerally five years, with the possibility of further renewal,in most cases for a period of up to 15 years.• Under certain circumstances an industrial design may alsobe protectable under unfair competition law, although theconditions of protection and the rights and remediesavailable can differ significantly.What is A geographical indication?• It is a sign used on goods that have a specific geographicalorigin and possess qualities or a reputation due to thatplace of origin. Most commonly, a geographical indicationconsists of the name of the place of origin of the goods.Agricultural products typically have qualities that derivefrom their place of production and are influenced byspecific local geographical factors, such as climate andsoil. Whether a sign functions as a geographical indicationis a matter of national law and consumer perception.Geographical indications may be used for a wide variety ofagricultural products, such as, for example, “Tuscany” forolive oil produced in a specific area of Italy, or“Roquefort” for cheese produced in that region of FrancePage 12Why do geographical indications needprotection?• Geographical indications are understood by consumers todenote the origin and quality of products. Many of themhave acquired valuable reputations which, if notadequately protected, may be misrepresented bycommercial operators. False use of geographicalindications by unauthorized parties, for example“Darjeeling” for tea that was not grown in the tea gardensof Darjeeling, is detrimental to consumers and legitimateproducers. The former are deceived into believing they arebuying a genuine product with specific qualities andcharacteristics, and the latter are deprived of valuablebusiness and suffer damage to the established reputation oftheir products.What is the difference between a geographicalindication and a trademark?• A trademark is a sign used by a company to distinguish itsgoods and services from those produced by others. It givesits owner the right to prevent others from using thetrademark. A geographical indication guarantees toconsumers that a product was produced in a certain placeand has certain characteristics that are due to that place ofproduction. It may be used by all producers who makeproducts that share certain qualities in the place designatedby a geographical indication.Page 13How are geographical indicationsprotected?• Geographical indications are protected in accordance withnational laws and under a wide range of concepts, such aslaws against unfair competition, consumer protection laws,laws for the protection of certification marks or speciallaws for the protection of geographical indications orappellations of origin. In essence, unauthorized parties maynot use geographical indications if such use is likely tomislead the public as to the true origin of the product.Applicable sanctions range from court injunctionspreventing unauthorized use to the payment of damagesand fines or, in serious cases, imprisonment.What is WIPO’s role in the protection ofgeographical indications?• WIPO administers a number of internationalagreements that deal partly or entirely withthe protection of geographical indications(in particular, the Paris Convention and theLisbon Agreement). WIPO meetings offerMember States and other interested partiesthe opportunity to explore new ways ofenhancing the international protection ofgeographical indications.Page 14What are Copyright and Related Rights?• Copyright laws grant authors, artists and other creators protectionfor their literary and artistic creations, generally referred to as“works”. A closely associated field is “related rights” or rightsrelated to copyright that encompass rights similar or identical tothose of copyright, although sometimes more limited and of shorterduration. The beneficiaries of related rights are: performers (suchas actors and musicians) in their performances; producers ofphonograms (for example, compact discs) in their sound recordings;and broadcasting organizations in their radio television programs.• Works covered by copyright include, but are not limited to: novels,poems, plays, reference works, newspapers, advertisements,computer programs, databases, films, musical compositions,choreography, paintings, drawings, photographs, sculpture,architecture, maps and technical drawingsWhat rights do copyright and relatedrights provide?• The creators of works protected by copyright, and theirheirs and successors (generally referred to as “rightholders”), have certain basic rights under copyright law.They hold the exclusive right to use or authorize others touse the work on agreed terms. The right holder(s) of awork can authorize or prohibit: its reproduction in allforms, including print form and sound recording; its publicperformance and communication to the public; itsbroadcasting; its translation into other languages; and itsadaptation, such as from a novel to a screenplay for a film.Page 15What are the benefits of protectingcopyright and related rights?• Copyright and related rights protection is an essentialcomponent in fostering human creativity and innovation.Giving authors, artists and creators incentives in the formof recognition and fair economic reward increases theiractivity and output and can also enhance the results. Byensuring the existence and enforceability of rights,individuals and companies can more easily invest in thecreation, development and global dissemination of theirworks. This, in turn, helps to increase access to andenhance the enjoyment of culture, knowledge andentertainment the world over, and also stimulateseconomic and social development.
