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(ENT600)
UNIT 7
INTELLECTUAL PROPERTY
Introduction
Introduction (cont.)
Patent
A patent is an exclusive right granted for an
invention, which is a product or a process
that provides a new way of doing some
things or offers a new technical solution to a
problem
According to Patents Act 1983, a patent is an
intellectual property right granted to an
inventor giving him or her the exclusive right
to make, use, or sell an invention for a
limited time of period (20 years)
Entrepreneurship Dept, FBM (2009)
Utility Innovation
Utility innovation is an exclusive right granted
for a minor invention which does not require to
satisfy the test of inventiveness as required of a
patent
Utility innovation provides intellectual property
right for those incremental and lower level
inventions that would not be sufficiently
inventive to qualify for a standard patent. This is
due to the inventive threshold being lowered
compared to a standard patent, that is, the utility
innovation requires an innovative action rather
than an inventive action
Entrepreneurship Dept, FBM (2009)
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Patentable Inventions
For an invention to be patented, it must satisfy the following criteria:
Functional/Technical
the invention must relate to how something works, what it does,
what it is made of, or how it is made
New
the invention has not been publicly disclosed in any form,
anywhere in the world
Involve an inventive action
the invention that could not be figured out by a person with
average knowledge of the technical field
Industrially applicable
the invention must be capable of being made or used in an
industry (it can be mass produced)
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Non-Patentable Inventions
Discoveries, scientific theories and mathematical methods
A literary, dramatic, musical or artistic work
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Pursuing a patent
Patent expert recommends the following basic guideline:
1.Pursue patents that are broad,
significant, and offer a strong position
or
commercially
that
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4.
5.
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Where to apply?
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International IP protection
Exporting firms still face problems of
imitations and counterfeit products
The solution to this is internationalizing the
patent law to protect firms operating in the
global market.
To facilitate patent filing in multiple countries
with a single office rather than filing in each
separate country, the Patent Cooperation
treaty (PCT) with over 100 participating
countries was established
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International IP protection
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Copyright
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Copyright in Malaysia
Copyright protection in Malaysia is governed by the
Copyright Act 1987
A work is protected automatically upon fulfillment of the
following conditions:1. Sufficient effort has been spent to make the work
original in character
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2.
3.
4.
5.
6.
7.
8.
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Ownership of copyright
Literary works(including software and databases), theatrical,
musical or artistic (including photographic)
The author or creator of the work is also the first owner of any
copyright in it. In some situations two or more people may be joint
authors and joint owners of copyright
Film
The principal director and the film producer are joint authors and first
owners of the copyright (and the economic rights)
Sound recording
The author and first owner of copyright is the record producer, in the
case of a broadcast, the broadcaster; and in the case of a published
edition, the publisher
If a work is made by an employee (in the course of his or her
employment, unless there is any contrary agreement), the copyright in
the work shall be deemed to the person who commissioned the work
or the employer
Entrepreneurship Dept, FBM (2009)
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Trademark
Trademark is a distinctive name, mark, symbol or motto
identified with a companys product(s)
A trademark is a sign which distinguishes the goods and
services of one trader from those of another
A sign includes words, pictures, logos, names, letters,
numbers or a combination of these
A trademark is used as a marketing tool to enable
customers recognize the product of a particular trader
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Functions of Trademark
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Importance of Trademark
Registration
Trademarks provide :
Exclusive Rights - Registered trademark owners are conferred
exclusive right to use their marks in trade. They also have the right
to take legal action for infringement under the Trademarks Act 1976
against others who use their marks without consent. They can also
lodge complaints to the Enforcement Division of Ministry of
Domestic Trade, Cooperative and Consumerism (MDTCC) for
appropriate actions under the Trade Description Act 1972.
Legal Evidence - Registration certificate issued by the Registrar of
Trademarks under the Ministry of Domestic Trade Cooperative and
Consumerism (MDTCC) of is a prima facie evidence of trademark
ownership. A certificate of registration serves as an important
document to establish the ownership of goods exported to other
countries.
Entrepreneurship Dept, FBM (2009)
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Registrability of Trademark
Not all trademarks can be registered
For registration, trademarks for goods and services must be
distinctive and may take the following terms:
An invented word or words
Applicants signature
Words with no direct relation to goods or services,
geographical name or surname
Any distinctive sign such logos, pictures, symbols, etc.
Not deceptive, confusing, contrary to law, scandalous or
offensive
Not identical or similar to earlier registered trademarks
Not identical or similar to well-known trademark
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Registration Process
Every application will be examined to ensure
registrability.
If there are any objections to registration of a particular
trademark, the applicant may apply for hearing.
Trademarks accepted will be advertised in the
government gazette.
If no opposition the trademarks will be registered
Registration Certificate will be issued.
Application Fee:
Application fee : RM 250.00
Advertisement in Government Gazette and Issuance
of Certificate RM 450.00
Entrepreneurship Dept, FBM (2009)
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Industrial Design
An industrial design is the ornamental or
aesthetic aspect of an article
The design may consist of three-dimensional
features such as the shape and configuration of
an article, or two-dimensional features, such as
pattern and ornamentation
The design features must be applied to an article
by any industrial process or means of which the
features in the finished article appeal to eye
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Ownership Rights
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Trade Secrets
Information that is critical to the business success but
does not qualify for patent, trademark, copyright, or
industrial design protection
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Characteristics of information
that can be classified as trade secrets
Not known outside the company
Known only inside the company on a
basis
Safeguarded by stringent efforts to keep
confidential
Valuable and provides the company
competitive advantage
Developed at great cost, time and effort
Cannot be easily duplicated, reverse
discovered
Can last longer that the term of a patent
Entrepreneurship Dept, FBM (2009)
need-to-know
the information
a compelling
engineered or
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References
http://www.mipc.gov.my/ retrieved on June 26, 2009.
http://www.wipo.int/portal/index.html.en retrieved on
June 26, 2009.
http://www.ipo.gov.uk/ retrieved on June 26, 2009.
http://www.ipaustralia.gov.au/index.html retrieved on
June 26, 2009.
B.R. Barringer, R.D. Ireland, Entrepreneurship:
Successfully Launching New Ventures (Upper Saddle
River, New Jersey: Pearson Education, 2008)
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