FORMS OF INTELLECTUAL PROPERTY

FORMS OF INTELLECTUAL PROPERTY

1. These rights extend to the protection of inventions, creative works, expressions and brands. They provide the owner with the ability to stop others from exploiting or abusing them and, by giving a legal standing to these rights, it allows them to be traded as assets, just as one does in buying, selling or leasing any tangible asset

   • PATENTS
     • The title granted provides the owner with a monopoly on exploitation (making, using, selling, offering for sale, importing) of the invention and enables the owner to exclude others from any of these activities falling within the scope of the invention, in the country in which the patent has been granted.
       • • The European Patent Convention (EPC)
           • The convention, through the institution of the European Patent Office (EPO), introduced an autonomous legal framework for the provision of patent protection in its member states
         • Refinements of the European Patent System
           • The new requirements under the London Agreement vary according to the specific terms agreed for each accession state but, broadly, they may be distinguished between:
             • Group 1: Those states having an official language in common with the three official languages of the EPO (English, French and German); and
             • Group 2: Those states whose official language is none of the three EPO languages
       • Requirements for a Patent
         • The invention must be novel (new);
           • It must involve an inventive step (not obvious)
             • It must be capable of industrial application; and
               • It must not fall into the ‘excluded’ category for non-patentable matter.
   • COPYRIGHT
     • Copyright is a form of IP designed to protect the rights of a creator of literary and artistic works, computer programs and databases.
       • Granting of Copyright
       • Works Protected by Copyright
       • International Protection
       • Registration of Copyright
       • Ownership of Copyright
       • Duration of Copyright
   • International Patent Protection
     • Patent Priority
       • To obtain worldwide exclusivity for an invention, a patent application first must be filed in a country that is a member of the Paris Convention mentioned above.
   • TRADE MARKS
     • A trade mark is the symbol by which the goods of a particular manufacturer or trader can be identified and distinguished from the goods of others
     • • Duration of a Trade Mark
         • If the applicant cannot demonstrate use, the mark lapses and is removed from the register. It is essential, therefore, to maintain records of use so that you can provide evidence of such in order to maintain rights to the mark.
     • International Registration
       • The term of a trade mark in most countries is for 10 years, which may be renewed indefinitely for subsequent 10-year terms. The term and maintenance of a trade mark, however, is conditional upon the owner demonstrating use of the mark.
         • There are two main international agreements on trade mark protection – the Community Trade Mark (CTM) and the Madrid Protocol.
           • CTM
   • DESIGN RIGHTS
     • • Traditionally, most EU Member States operated a system for protection of industrial designs associated with the ‘artistic’ or ‘aesthetic’ features of a design
     • The Community Design
       • Registered Community Design
         • Unregistered Community Design
     • Requirements of a Design
       • For a design to be recognised as qualifying for protection under the Community Design Regulation, it must comply with the following three requirements:
   • SECRET KNOW-HOW
     • For some companies, ‘know-how’ and ‘trade secrets’ can be just as valuable a piece of IP as a patented technology
   • }EBSCO Publishing : eBook Collection Mc Manus, John P..; Intellectual Property : From Creation to Commercialisation: A Practical Guide for Innovators & Researchers . UNIVERSIDAD NACIONAL ABIERTA Y A DISTANCIA - UNAD
     • Bibliographic references

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