Intellectual Property

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)