ip 101 Flashcards
What is the definition of 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.” -WIPO
1) Property rights/rights conferring legal protection over
2) Intangible products
The Essence & Value of IPRs (Intellectual property rights)
it turns intangible assets into exclusive property rights, albeit for a limited period of time.
It enables your SME to claim ownership over its intangible assets and exploit them to their maximum potential.
In short, IP protection makes intangible assets … into valuable exclusive assets that can often be traded in the market place.” -WIPO
Main justifications
- Natural Rights (moral)
- Reward (moral)
- Incentives (instrumental/utilitarian)
- Economics (instrumental/utilitarian)
Natural Rights Justifications [MORAL]
John Locke - The labour of his body, and the work of his hands, we may say, are properly his.
French Patent Law - “it would be a violation of the rights of man in their very essence if an industrial invention were not regarded as the property of its creator.”
R & D Incentives [UTILITARIAN]
- IPRs provide inventors with an incentive to invest in research and development of new products.
- Creative artists or inventors can maximize their economic returns by assigning their rights to others who are better positioned to exploit them.
Cons of utilitarian justifications
- Tension between protection of IPRs and competition in free market economies
- IPRs create monopolies which can be abused (e.g. Microsoft litigation)
- IPRs create tollbooths on downstream innovation (Myriad Genetics)
Social & Economic Value
- IPRs are most effective means of promoting economic growth and technological innovation
- IPR value is maximized through (free) market exchanges
Other issues with IP:
- Fair balance between rights of IPR owners and the public?Fair use? IPRs stand in the way of diffusion of knowledge as a ‘public good’ (cost of licensing fees denounced by Harvard Library and others)
- Tension between protection of IPRs & human rights/health/knowledge/science/medicines
types of ips
Patents
Trade Secrets
Designs
Design Patents
Trademarks
Know How
Copy Rights
Plant Patents
Breeders Rights
Other
What is a patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
What is Trade Secrets?
Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed.
What qualifies as a trade secret?
In general, to qualify as a trade secret, the information must be:
- commercially valuable because it is secret,
- be known only to a limited group of persons, and
- be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.
The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.
Designs
Registered designs protect the external appearance of a product. They do not give any protection for technical aspects. They include new patterns, ornaments and shapes. To be officially registered, designs need to be original and possess individual character distinctive.
The artistic aspects of a design may also be
protected by copyright.
Design Patents
This term is used specifically in the United States patent law. A design patent is a type of legal protection granted by the U.S. Patent and Trademark Office (USPTO) to the ornamental design of a functional item. Design patents are a type of industrial design right. A design patent protects only the appearance of the article and not structural or utilitarian features.
In many other countries, what the U.S. refers to as “design patents” are known as “registered designs” or “industrial designs”. Regardless of the term used, this form of protection typically provides the owner with exclusive rights to the design for a limited period, which can help to prevent others from copying or imitating it.
Know How
Information, skill or expertise (for example, processes, methods, techniques, drawings, data or a compilation) that is generally confidential and separate from proprietary intellectual property rights such as patents, copyright or design rights. As know-how can be equally valuable to IP rights and essential to optimally exploit related IP, such as a patented invention or software product, it is often included in technology transfer arrangements. Commercial confidential information is also referred to as a trade secret. Know-how or trade secrets maybe protected indefinitely as long as the information is kept secret.
Copy Rights
Copyright is a form of protection given to an author of literary works (books, articles, blogs, computer code), musical works (songs, music samples), or artistic works (paintings, photographs, non-fungible tokens), dramatic works (scripts for films and dramas). Copyright also protects computer software, source code and user interfaces. It is granted the moment you create an original work in a tangible or fixed form; that is, it’s automatic and does not require registration with the Copyright Office. However, unregistered works may be difficult to prove in the case that someone else uses or steals your work. Furthermore, you can only file a copyright infringement lawsuit if your copyright is registered.
