What is Intellectual Property?
Intellectual property (IP) refers to creations of
the mind, such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
IP is protected in law by, for example, patents,
copyright and trademarks, which enable people to earn recognition or financial
benefit from what they invent or create. By striking the right balance between
the interests of innovators and the wider public interest, the IP system aims
to foster an environment in which creativity and innovation can flourish.
www.wipo.int/about-ip/en/
Types of intellectual property
Copyright
law
Protects authored works
Copyright
is a legal term used to describe the rights that creators have over their
literary and artistic works. Works covered by copyright range from books,
music, paintings, sculpture and films, to computer programs, databases,
advertisements, maps and technical drawings.
Types
of work that can be copyrighted
Architecture
Art
Audiovisual works
Choreography
Drama
Graphics
Literature
Motion pictures
Music
Pantomimes
Pictures
Sculptures
Sound recordings
Programs or softwares
Other intellectual works
WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?
In general, the term of protection of copyright for original and derivative works is the life of the author plus fifty (50) years after his death.
The Code specifies the terms of protection for the
different types of works.
In calculating the term of protection, the term of
protection subsequent to the death of the author shall run from the date of his
death or of publication, but such terms shall always be deemed to begin on the
first day of January of the year following the event which gave rise to them
(i.e. death, publication, making).
Copyright ownership
Generally, the natural person who created the
literary and artistic work owns the copyright to the same.
For work created during or in the course of
employment (works for hire):
Employee - if
the work is not part of his regular duties, even if he used the time,
facilities and materials of the employer;
Employer - if the work is the result of the
performance of his regularly assigned duties, unless there is an express or
implied agreement to the contrary.
For commissioned works: the person who commissioned
the work owns the work but the copyright thereto remains with the creator,
unless there is a written agreement to the contrary.
For audiovisual works: the producer, the author of
the scenario, the composer of the music, the film director, and the author of
the work so adapted.
Patent law
Protects inventions
A patent
is an exclusive right granted for an invention. Generally speaking, a patent
provides the patent owner with the right to decide how - or whether - the
invention can be used by others. In exchange for this right, the patent owner
makes technical information about the invention publicly available in the
published patent document.
Patentable
Inventions
A Technical Solution to a Problem
In any field of human activity
It must be NEW
It must involve an INVENTIVE STEP
It must be INDUSTRIALLY APPLICABLE
Non-Patentable
Inventions
Discovery
• Scientific theory
• Mathematical methods
• Scheme, rule and method of
• performing mental act
• playing games
• doing business
• program for computer
• Method for treatment – human or animal body by surgery or therapy & diagnostic method
• Plant variety or animal breed or essentially biological processes for the production of plants and animals
• Artistic creation
• Contrary to public order or morality
• Scientific theory
• Mathematical methods
• Scheme, rule and method of
• performing mental act
• playing games
• doing business
• program for computer
• Method for treatment – human or animal body by surgery or therapy & diagnostic method
• Plant variety or animal breed or essentially biological processes for the production of plants and animals
• Artistic creation
• Contrary to public order or morality
Requirements
for patentability
Novelty - originality
INVENTIVE STEP - creativity
INDUSTRIAL APPLICABILITY – manufacturing, developed
Who may apply for a Patent?
Natural
person
Juridical person
- a body of persons, a corporation, a partnership, or other legal entity
recognized by law
Requirements
for Filing a Patent
Request for the Grant of Patent
Description of the Invention (Specification and
Claim/s)
Drawings necessary for the Invention (if any)
Filling Fee
Who prepares the Patent Application?
Applicant or Inventor
Trade
secret law
Helps safeguard information critical to an
organization’s success
Trade secret law is a branch of intellectual
property law that is concerned with the protection of proprietary information
against unauthorized commercial use by others
Trade
secret law has a few key advantages over patents and copyrights
-No time limitations
-No need to file an application
-Patents can be ruled invalid by courts
-No filing or application fees
Law doesn’t prevent someone from using the same idea if it
is developed independently
Trade secret law varies greatly from country to country
Employees
and Trade Secrets
Employees are the
greatest threat to trade secrets
Unauthorized use of an
employer’s customer list
Customer list is not
automatically considered a trade secret
Educate workers about
the confidentiality of lists
Nondisclosure clauses
in employee’s contract
Enforcement can be
difficult
Confidentiality issues
are reviewed at the exit interview
Non compete agreements
Protect intellectual
property from being used by competitors when key employees leave
Require employees not
to work for competitors for a period of time
Wide range of treatment
on non compete agreements among the various states
Key Intellectual Property Issues
Issues that apply to intellectual property and
information technology
Plagiarism
Reverse engineering
Open source code
Competitive
intelligence
Trademark infringement
Cyber squatting
Plagiarism
Stealing someone’s
ideas or words and passing them off as one’s own
Many students:
Do not understand what
constitutes plagiarism
Believe that all
electronic content is in the public domain
Plagiarism is also
common outside academia
Plagiarism detection
systems
Check submitted
material against databases of electronic content
Open Source Code
Program source code made available for use or modification:
As users or other developers see fit
Basic premise
Many programmers can help software improve
Can be adapted to meet new needs
Bugs rapidly identified and fixed
High reliability
GNU General Public License (GPL) was a precursor to the Open
Source Initiative (OSI)
Competitive
Intelligence
Gathering of legally
obtainable information
To help a company gain
an advantage over rivals
Often integrated into a
company’s strategic plans and decision making
Not the same as
industrial espionage, which uses illegal means to obtain business information
not available to the general public
Without proper
management safeguards, it can cross over to industrial espionage
WHAT IS A TRADEMARK? WHY IS IT IMPORTANT?
Trademark is a tool
used that differentiates goods and services from each other.
A trademark can be one
word, a group of words, sign, symbol, logo, or a combination of any of these.
Generally, a trademark
refers to both trademark and service mark, although a service mark is used to
identify those marks used for services only.
Trademark is a very
effective tool that makes the public remember the quality of goods and
services. Once a trademark becomes known, the public will keep on patronizing
the products and services.
Utilized properly, a
trademark can become the most valuable business asset of an enterprise. In
addition to making goods and services distinctive, the owner of a mark may earn
revenues from the use of the mark by licensing its use by another or though
franchising agreements.
Other Safeguards
Trademarks ® or TM or SM
A symbol or design or
logo used to identify a business or a product.
Trademark can’t be
registered until it’s used.
Trademark:
A symbol, logo, word,
sound, color, design, or other device that is used to identify a business or a
product in commerce.
It has a longer life
than a patent.
It grants a business
exclusive rights to a trademark for as long at it is actively using it.
®
Registered trademark
™ Intent to use application filed for
product
SM Intent to use application filed for
services
The aim of education should be to teach us rather
how to think rather how to think, than what to think- rather to improve our
minds, so as to enable us to think ourselves, than to load the memory with
thoughts of other men.
― James Beattie
There’s nothing wrong in appreciating the works of
others but we should remember also that in everything we do we should always
know our limitations and know that what is yours is yours and what is theirs is
theirs… we should be responsible about our actions and not to plagiarize the
work of others, learn to create your own and do not limit your imaginations.
