21252424
Description
Mind Map by JHOAN BAYRON QUINTERO HERRERA, updated more than 1 year ago
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Created by JHOAN BAYRON QUINTERO HERRERA
about 4 years ago
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FORMS OF INTELLECTUAL
PROPERTY
- PATENTS
- A patent is a legal title granted to an applicant for protection of an
invention. It is a registerable form of IP. It must be applied for at a
patent office by submission of a ‘patent specification’ disclosing how
the invention works.
- Conventions and treaties
- Every country’s legislation
includes laws for the
protection of IP, in which
there is a provision for
patent laws to govern the
protection of inventions in
that country.
- Every country’s legislation
includes laws for the
protection of IP, in which
there is a provision for
patent laws to govern the
protection of inventions in
that country.
- Patent Cooperation Treaty
- The PCT was established in
1970 and currently has a
membership of 144 contracting
states. 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.
- The PCT was established in
1970 and currently has a
membership of 144 contracting
states. 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
- The (EPC) is another
international patent
treaty, established
European Patent
Convention under the
European Patent
Convention of 1973 and
brought into force in 1977.
- The (EPC) is another
international patent
treaty, established
European Patent
Convention under the
European Patent
Convention of 1973 and
brought into force in 1977.
- Refinements of the
European Patent
System
- There have been discussions at
the EPO and EU Council for
many years now on the
introduction of new features to
the European patent system,
which would improve the overall
cost and efficiency of filing and
enforcing patents in EU Member
States.
- There have been discussions at
the EPO and EU Council for
many years now on the
introduction of new features to
the European patent system,
which would improve the overall
cost and efficiency of filing and
enforcing patents in EU Member
States.
- Requirements for a Patent
- Patent law requires that certain
conditions are met in order for
an invention to be patentable.
Specifically, the following
criteria must be fulfilled: 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.
- Patent law requires that certain
conditions are met in order for
an invention to be patentable.
Specifically, the following
criteria must be fulfilled: 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.
- 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 mentioned above.
- To obtain worldwide
exclusivity for an
invention, a patent
application first must
be filed in a country
that is a member of
the mentioned above.
- Interference
- Until the AIA takes
effect in 2013, the
issue of a ‘patent
interference’ still
needs to be resolved
in the US, where two
patents are filed for
the same invention.
- Until the AIA takes
effect in 2013, the
issue of a ‘patent
interference’ still
needs to be resolved
in the US, where two
patents are filed for
the same invention.
- Territorial
Protection
- As mentioned already,
an invention only has
protection in the
country in which a
patent has been applied
for. In other countries
where no patent
protection exists, others
are free to exploit the
technology or product
arising from that
invention
- As mentioned already,
an invention only has
protection in the
country in which a
patent has been applied
for. In other countries
where no patent
protection exists, others
are free to exploit the
technology or product
arising from that
invention
- Patent Priority
- Conventions and treaties
- A patent is a legal title granted to an applicant for protection of an
invention. It is a registerable form of IP. It must be applied for at a
patent office by submission of a ‘patent specification’ disclosing how
the invention works.
- COPYRIGHT
- Copyright is a form of IP designed to protect the
rights of a creator of literary and artistic works,
computer programs and databases. It does not
provide protection for the ideas, concepts or
inventions in these works.
- Granting of
Copyright
- Whereas patent protection for an
invention must be applied for and
granted by a patent office, copyright does
not require any formal application or
registration for protection of a creative
work.
- Whereas patent protection for an
invention must be applied for and
granted by a patent office, copyright does
not require any formal application or
registration for protection of a creative
work.
- Works Protected
by Copyright
- Typical works covered by copyright are: original literary,
dramatic, musical and artistic works, published editions of
works, sound recordings, films, videos, broadcasts and
cable programmes, computer programs and databases.
- Typical works covered by copyright are: 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
- While there is no all-governing ‘international copyright’ to protect a creator’s work
worldwide, there are international treaties that deal with copyright and to which
most countries have signed up, notably the Berne Convention for the protection of
literary and artistic works, and the Universal Copyright Convention (UCC).
- While there is no all-governing ‘international copyright’ to protect a creator’s work
worldwide, there are international treaties that deal with copyright and to which
most countries have signed up, notably the Berne Convention for the protection of
literary and artistic works, and the Universal Copyright Convention (UCC).
- Registration
of Copyright
- As mentioned already, there is no requirement to register a work
in order to obtain copyright protection. However, the laws of
some countries do require registration in order to have a formal
record of the work that is protected by copyright.
- As mentioned already, there is no requirement to register a work
in order to obtain copyright protection. However, the laws of
some countries do require registration in order to have a formal
record of the work that is protected by copyright.
- Ownership of
Copyright
- The rights covered by
copyright can be
divided into economic
rights and moral rights.
Economic rights are
those rights dealing
with the ownership, use
and exploitation of the
work covered by the
copyright.
- The rights covered by
copyright can be
divided into economic
rights and moral rights.
Economic rights are
those rights dealing
with the ownership, use
and exploitation of the
work covered by the
copyright.
- Duration of Copyright
- International treaties
have done much to
harmonise copyright
law across territories,
particularly with
respect to the
duration of copyright,
which in the past
varied greatly
between countries
depending on the
particular form of
copyright.
- International treaties
have done much to
harmonise copyright
law across territories,
particularly with
respect to the
duration of copyright,
which in the past
varied greatly
between countries
depending on the
particular form of
copyright.
- Granting of
Copyright
- Copyright is a form of IP designed to protect the
rights of a creator of literary and artistic works,
computer programs and databases. It does not
provide protection for the ideas, concepts or
inventions in these works.
- 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. Trade marks and service marks provide
protection for the goodwill and reputation of a
company in its products and services, as opposed
to protection of the products.
- Registration of
a Trade Mark
- It may be possible in certain countries
for a company to assert ‘unregistered
rights’ over a mark if it has been used
by the company in the marketplace for
some time and has become
synonymous with the company and its
goods (without infringing the
registered mark of another business).
- It may be possible in certain countries
for a company to assert ‘unregistered
rights’ over a mark if it has been used
by the company in the marketplace for
some time and has become
synonymous with the company and its
goods (without infringing the
registered mark of another business).
- International
Registration
- There are two main
international agreements on
trade mark protection – the
Community Trade Mark
(CTM) and the Madrid
Protocol.
- There are two main
international agreements on
trade mark protection – the
Community Trade Mark
(CTM) and the Madrid
Protocol.
- Duration of a
Trade Mark
- The term and maintenance
of a trade mark, however, is
conditional upon the owner
demonstrating use of the
mark. Under the CTM
system, it is necessary to
prove use within five years
of registration.
- The term and maintenance
of a trade mark, however, is
conditional upon the owner
demonstrating use of the
mark. Under the CTM
system, it is necessary to
prove use within five years
of registration.
- Trade Mark Use
- It is important to
understand the
grammatical nature
and use of a trade
mark. A trade mark is
an adjective and not a
noun or a verb, which
are ‘generic terms’.
- It is important to
understand the
grammatical nature
and use of a trade
mark. A trade mark is
an adjective and not a
noun or a verb, which
are ‘generic terms’.
- Registration of
a Trade Mark
- 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. Trade marks and service marks provide
protection for the goodwill and reputation of a
company in its products and services, as opposed
to protection of the products.
- 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
- This was followed by the creation of
a single unified system for the
protection of designs across the
Community when the Community
Design Regulation (EC) No.6/2002
entered into force in March 2002.
The first “Community Design” was
registered in April 2003.
- This was followed by the creation of
a single unified system for the
protection of designs across the
Community when the Community
Design Regulation (EC) No.6/2002
entered into force in March 2002.
The first “Community Design” was
registered in April 2003.
- 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: It must fall
within the definition of a
‘design’; It must be novel
(absolute worldwide novelty,
similar to patent law); and It
must have ‘individual
character’.
- For a design to be recognised
as qualifying for protection
under the Community Design
Regulation, it must comply
with the following three
requirements: It must fall
within the definition of a
‘design’; It must be novel
(absolute worldwide novelty,
similar to patent law); and It
must have ‘individual
character’.
- Registered
Community Design
- Application for a
Community Design is
filed at the same
office as that for
registering trade
marks – OHIM in
Alicante, Spain.
- Application for a
Community Design is
filed at the same
office as that for
registering trade
marks – OHIM in
Alicante, Spain.
- Unregistered
Community
Design
- This right is more akin to copyright
protection of a design – that is, the owner
can prevent others from copying the design,
but does not have a monopoly on the
design, which is the important difference
between this right and that for a registered
design.
- This right is more akin to copyright
protection of a design – that is, the owner
can prevent others from copying the design,
but does not have a monopoly on the
design, which is the important difference
between this right and that for a registered
design.
- The
Community
Design
- Traditionally, most EU Member States
operated a system for protection of industrial
designs associated with the ‘artistic’ or
‘aesthetic’ features of a design.
- SECRET KNOW-HOW
- For some companies, ‘know-how’ and ‘trade secrets’ can be just as valuable a piece of IP as a patented
technology. This form of IP usually relates to a technology process or manufacturing method, which is not
patented either because it does not satisfy the criteria for patentability, or because a decision is made not to
patent it, since in order to apply for a patent, full details of the process must be disclosed.
- For some companies, ‘know-how’ and ‘trade secrets’ can be just as valuable a piece of IP as a patented
technology. This form of IP usually relates to a technology process or manufacturing method, which is not
patented either because it does not satisfy the criteria for patentability, or because a decision is made not to
patent it, since in order to apply for a patent, full details of the process must be disclosed.
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