Module 4 Intellectual Property

• Intellectual property


  The law of intellectual property typically encompasses the areas of Copyright, Patents, and trademark law
• Trademarks and service marks

  Protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source
• Under Article I, Section 8, Clause 8, of the Constitution, "The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"
• Types of Intellectual Property


  • INVENTIONS
  • LITERARY AND ARTISTIC WORKS
  • DESIGN
  • "BRANDS" SYMBOLS, NAMES AND IMAGES USED IN COMMERCE
• Intellectual property rights


  The rights given to persons over the creations of their minds, usually giving the creator an exclusive right over the use of his/her creation for a certain period of time
• Mechanisms for protecting Intellectual Property


  • PATENTS
  • COPYRIGHT
  • TRADEMARKS
  • GEOGRAPHICAL INDICATIONS
  • INDUSTRIAL DESIGN
  • TRADE SECRETS
• Intellectual Property System


  • Enables people to earn recognition and financial benefit from what they invent or create
  • Aims to foster a balanced environment in which creativity and innovation can flourish
• Intellectual Property


  Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, Trademarks, and trade secrets
• Main areas of Intellectual Property


  • Copyright and rights related to copyright
  • Industrial property
• Copyright and related rights


  The rights of authors of literary and artistic works, performers, producers of phonograms and broadcasting organizations, with the main social purpose of encouraging and rewarding creative work
• The World Trade Organization (WTO) deals with the global rules of trade between nations, with the main function of ensuring that trade flows as smoothly, predictably and freely as possible
• The intellectual property family tree


  • INDUSTRIAL PROPERTY
  • COPYRIGHT
  • SUI GENERIS PROTECTION FOR TRADITIONAL KNOWLEDGE
• Invention


  A product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem
• Patent


  An exclusive right that allows to prevent or stop others from commercially exploiting the patented invention, granted by a State or by a regional office for a limited period, generally 20 years from the filing date of the application
• Trademark


  A sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings
• What can be a trademark sign

  • Words
  • Designs
  • Letters
  • Numerals
  • The shape of goods or their packaging
  • Slogans
  • Colours
  • Sounds
  • Smells
  • Gestures
  • Tats
• Graphic Representation


  A graphic representation is one which utilizes images, lines or characters, and must be clear, precise, self-contained, easily accessible, intelligible, durable and objective
• Ways to represent shapes as trademarks


  • Verbal description
  • Design drawings
  • Photograph
• Trademark infringement


  The proprietor of a registered trademark has exclusive rights in the trademark which are infringed by use of the trademark in the given territory without his consent
• Trade Secret

  Information that is secret, has commercial value, and is subject to reasonable steps to keep it secret
• Industrial Design


  The ornamental or aesthetic aspect of an article, including the 3-D shape or surface, and 2-D patterns, lines or color
• Copyright


  Rights over literary and artistic "works" including literary works, dramatic works, musical works, artistic works, cinematographic works, sound recordings, broadcasts, and performances
• Originality


  A work must originate from the creator and have a minimal degree of creativity, but does not require novelty, ingenuity, inventiveness or aesthetic merit
• Copyright Duration


  Copyright lasts for the life of the author plus a minimum of 50 years
• Exclusive Rights under Copyright


  • Moral rights (attribution, integrity)
  • Economic rights (reproduction, distribution, adaptation, translation, public performance/display, public communication)
• Copyright Infringement


  Any unauthorized carrying out of one of the reserved acts is considered infringement, regardless of whether it is for commercial purposes
• The law of copyrights arises under the U.S. Constitution, Article 1, Section 8, Clause 8, which gives Congress the power to promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
• Copyright Definition


  Copyright is a federal protection from unauthorized copying or performance given to the authors of original works of authorship, including literary works, pictorial/graphic/sculptural works, and motion pictures/audiovisual works
• What Cannot Be Copyrighted


  • Works not fixed in a tangible form of expression
  • Titles, names, short phrases, slogans, brand names or trademarks, colorings or mere listings
  • Ideas, themes, procedures, methods of operation, systems, processes, concepts
• Original works of authorship


  • Dance movies (but not their titles)
  • Games
  • Photographs
  • Patterns on fabrics
  • Labels on products
• Original


  Not copied from another's work, even in the slightest degree
• Copyrightable


  Requires some degree of creative authorship, even for computer software
• What cannot be copyrighted

  • Works not fixed in a tangible form of expression
  • Titles of books or magazines, names, short phrases, slogans, brand names or trademarks, colorings or mere listings of ingredients or contents
  • Ideas, themes, procedures, methods of operation, systems, processes, concepts, principles or discoveries
  • Works consisting entirely of information that is common property and containing no original authorship
• Computer program

  A set of statements or instructions to be used directly or indirectly in order to bring about a certain result
• Derivative work


  A work based upon or incorporating material from a previously published or registered or public domain program that has been revised, augmented, abridged or otherwise modified so that the modifications, as a whole, represent an original work of authorship
• Rights of a copyright owner

  • Reproduce the copyrighted work
  • Prepare new versions (or derivative works) based upon the copyrighted work
  • Publicly distribute copies of the copyrighted work
  • Perform the copyrighted work publicly
  • Display the work publicly
• Work made for hire


  A work prepared by an employee within the scope of their employment, or a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a writing that the work shall be considered a work made for hire
• Copyright notice


  The word "Copyright" or the abbreviation "©", the year date of first publication, and the name of the owner of the copyright
• Elements of a copyright notice for published works


  • The word "Copyright" or the abbreviation "©"
  • The year date of first publication
  • The name of the owner of the copyright
• Elements of a copyright notice for unpublished works


  • Confidentiality and proprietary notice
  • Copyright notice with year of creation