Intellectual Property

Chapter 9

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 What is Intellectual Property?
• Industrial Property
• Literary and Artistic Works

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 Industrial Property
Inventions:
- new idea that solves technical problem
and can be practically used or manufactured
Marks:
- any word, name, symbol, colour, or
combination used by firm to identify its goods
or services
Industrial Designs:
- original 2 or 3 dimensional lines, designs
colours or shapes
Appelations of Origin:
- geographic names designating agricultural
products e.g. champagne
Trade Secrets/Know-how:
- any unpatented formula, device, expertise
(proprietary technology) used by a firm

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 Literary and Artistic Works
- any words, music, pictures or
combination
- new technologies e.g. software

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 How is IP Protected?
1/ National Systems:
- each country has IP laws, with patent, trademark
and copyright protection systems;
- developed countries - stronger protection
- developing countries - weaker protection
2/ International Organizations
-World Intellectual Property Organization (WIPO)
-WTO:- Agreement on Trade-Related Aspects of
Intellectual Property (TRIPS)

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 Patents
patents give inventor exclusive right to
use, sell or license a patented product
or process and prevents use by any
others for specified time in country
granted

6
 Trademarks
• - trademarks, service marks give owner
exclusive right to use, sell or license a
symbol and prevents anyone from use
of identical or similar mark for
specified period in country granted

7
 Industrial Design Patents
• industrial design patents prevent
unauthorized copy, imitation or sale of
a product produced using a registered
(patented) design or process

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 Trade Secrets
• trade secrets/know-how are not
patentable and covered by national
trade secrecy or contract laws
• protection against disclosure by
employees or licensees based on
contracts (confidentiality, non-
disclosure).
• No international treaties

9
 Copyrights
copyrights – covers use of artistic work,
computer program etc.

You may copy, distribute, perform,

broadcast, lawfully only with
permission of author/owner of
copyright

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 Neighbouring Rights
• neighbouring rights - similar to
copyrights that protect new
technologies e.g. integrated circuits,
derivations, developments

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 Applying, Processing
• Long, convoluted process
• No centralized authority, body
• WIPO, TRIPS try, do mediate disputes
• Seek legal advice early!

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