INTELLECTUAL PROPERTY FORMS

INTELLECTUAL PROPERTY FORMS

1. Intellectual property rights (IPRs) are rights governed by statute that provide individuals with a right to prevent others from exploiting or abusing their intellectual creations.

   • Patents
     • A patent is a legal title granted to an applicant for protection of an invention.
       • It is a registerable form of IP.
         • Conventions and treaties
           • Patent Cooperation Treaty (PCT)
             • The benefit of a country being a party to this treaty is that a national or resident of a PCT state needs to file only one application in order to obtain patent protection in any of the countries that are members of the PCT treaty.
           • European Patent Convention (EPC).
             • This treaty is separate from the EU and includes states that are not members of the EU. The benefit of the EPC system is that one application may be filed at the European Patent Office in Munich (or one of its branch offices) and a European patent is then granted for the member states in which the applicant seeks protection.
         • Requirements for a Patent
           • The invention must be novel
             • It must involve an inventive step
               • It must be capable of industrial application
                 • It must not fall into the ‘excluded’ category for non-patentable matter
   • 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.
       • International Registration
         • the Community Trade Mark (CTM)
         • the Madrid Protocol.
       • Registration of a Trade Mark
         • Must be distinctive
         • Must not be descriptive of the goods
         • Must not be capable of deception or confusion with marks already applied for or registered.
   • Copyright
     • Copyright is a form of IP designed to protect the rights of a creator of literary and artistic works
       • Granting of Copyright
         • copyright does not require any formal application or registration for protection of a creative work.
       • Works Protected by Copyright
         • original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films, videos, broadcasts and cable programmes, computer programs and databases.
       • International Protection
         • Berne Convention
         • the WIPO Copyright Treaty
       • Ownership of Copyright
         • Economic rights are those rights dealing with the ownership, use and exploitation of the work covered by the copyright.
         • Moral rights are the rights of the author of the work to be identified as the author, as well as to object to any derogatory treatment of the work, even if the author is not ultimately the owner of the work.
   • Design rights
     • design rights are now directed towards the ‘individual character’ of a design.
       • Requirements of a Design
         • It must fall within the definition of a ‘design’
         • It must be novel
         • It must have ‘individual character’.
       • Unregistered Community Design
         • the owner can prevent others from copying the design, but does not have a monopoly on the design
       • Registered Community Design
         • Application for a Community Design is filed at the same office as that for registering trade marks – OHIM in Alicante, Spain.
       • The Hague Agreement
   • Confidential information
   • SECRET KNOW-HOW
     • this form of secret know-how, which forms part of a company’s key manufacturing technology or service should be documented and recorded safely and marked as ‘Trade Secret’ or ‘Secret & Confidential’. It should only be disclosed to personnel in the company on a need-to-know basis and to other third parties only where it is absolutely necessary
   • Other specialized forms of intellectual property
     • Plant variety rights
       • Used in the plant breeding industry
     • Database Rights
       • For the ICT, internet and publications sectors
     • Topography rights to chip
       • Also mask work rights. In the electronics and computer chip manufacturing industries.

2. ADRIANA VILLEGAS ARARAT CC 1062311208 GRUPO 56 20/09/2019