Intellectual property is a unique product of human
intellect that has commercial value. Again it also a legal concept
which refers to creation of mind which exclusive rights are
reserved.
Ø Intangible piece of property
Ø A right which protects creative/intellectual effort of the
owner
Ø A means to prohibit unauthorized use of ideas
Ø A means to protecting market positioning and competitive
advantage
Ø A commercial asset and tool
Types
- Copyright
- Trademark
- Patent
- Trade Secret
- Domain
Name registration
Copyright
Ø Automatically subset on original work, no registration required
Ø Only protects the expression not the underlying idea
Ø Infringed by copying
Ø Get expired after 70 years of author death
Content
Original
drama , literature (computer program also),
music, TV program, sound recording, film, typographic arrangement of published
work, original database
Owner’s Right
Owner
has right to restrict or allow whole or part of the work to be copied, adapted
or made available for public.
In
normal scenario, employer hold the copyright of employees work. While,
contractor free of this limitation
Doesn’t Cover
-
Underlying
idea
-
Method
of operation
-
Procedures
-
Mathematical
Concept
-
Database
content
Paternal Right
Moral
right of author to be identified as the author
-
Doesn’t
apply for employees
-
Does
apply for contractor, graphic designer, advertising agencies
-
Right
can’t be assigned but can be waived
Integrity Right
Author’s
right to object modification and other derogatory action
-
Translation
permitted
-
Computer
program translated to other programming language isn’t permitted
Database Copyright
-
Valid
up to 15 years from creation or making available
-
If
sufficiently original also applied to 70 years copyright from death of author
Trademark
Any sign capable of
being represented graphical which capable of distinguishing goods or services
from others
Ø Right conferred by registration
Ø Prevents use of identical or similar to
be used in similar or dissimilar good or services
Content
Invented word,
Dictionary word, Letter and numerals, slogan, smell / fragrance, logo, form of packaging,
Shapes, sound and images
Registration
Registration includes
steps – application, examination, window for opposition, registration. These
steps takes 12-18 months to complete.
Can be renewed after
10 years perpetually,
Patent
Granted by state in
return of disclosure of invention. Invention have to be absolutely new, not obvious
development of known technology.
Limited to 20 years,
after that invention becomes free to public
Prevent unauthorized
use, manufacture, sales and importation on patented territory.
Patentable
-
Device, machine ,apparatus
-
Chemical and pharmaceutical
-
Electrical and electronics
-
Industrial process and method
-
Biotechnology
-
Computer hardware and software
-
Business method ( maybe )
Non-Patentable
-
Method of treating human/animal body
-
Animal and plant varieties
-
Invention contrast public/moral order
-
Aesthetic creation, presentation of information
-
Discoveries, scientific method, mathematical method
-
Scheme ,rule and method for performing mental act, playing games or dong
business
Trade Secret
Ø
Is not generally known
to the public;
Ø
Confers some sort of
economic benefit on its holder as being sect
Ø
Is the subject of
reasonable efforts to maintain its secrecy
Domain Name Registration
Ø Anything can be registered
Ø First come first serve basis
Ø Except popular name where only owner can
apply
Ø Generic name not allowed. ex. Domain
Ø Real and substantial presence must be proved
for national registration (.gov)
