Basics of IP Law.UCP Presentation on Intellectual property.PPT
- 2. OUTLINE Intangible and tangibles Assets What is IP Different kinds of IP Registration requirements and procedure A few reasons of protecting IP A few statistics
- 3. Imagination is the beginning of creation. (George Bernard Shaw) Imagination is more important than knowledge (Einstein)
- 5. INTELLECTUAL PROPERTY Intellectual Property IP refers to creations of mind Result from, the intellect such as Ideas (intangible) Everyone has an idea what sets people apart is execution Intellectual –Power of mind to think/acquire knowledge Property-Something which can be owned, possessed, enjoyed, used, transferred
- 6. Inventors, Artists, writers convert ideas into tangibles
- 7. INTELLECTUAL PROPERTY Innovative product/process Literary and Artistic work Creative Design Distinctive signs/logos/word Trade secrets
- 9. Kinds of IP
- 10. KINDS OF IP Patent Trade Secret Trade Dress Design Trademark Copyright Product & / Services GI PlantVariety TK Semiconductor
- 11. TRADEMARKS signs distinguish goods/services one enterprise from those of other enterprises
- 12. 12 Word Marks Just do it
- 14. 3-D Marks 14
- 15. 15 COLOURS OR COMBINATIONS (colour marks)
- 16. 16 SOUNDS (sound marks) (Sound of tennis balls being hit) (Tarzan yell) (Popping)
- 18. TM registration requirements Distinctiveness - Inherent - Acquired Generic term Descriptive term Deceptive term Against morality Flags/hallmarks Shape of the product Identical/similar to earlier marks
- 19. Similarity Signs Visual Oral conceptual Goods/ services Class Purpose consumers
- 21. “DESIGNS” Functional / utilitarian Patents Ordinance Purely artistic works Copyright Ordinance Designs with eye-appeal & capable of Industrial application Designs Ordinance
- 22. Industrial Design 2D or 3D features of shape, configuration, pattern, ornament Applied to any article by any industrial process or means The finished article appeals to the eye “The Appearance of a Product”
- 23. 23 EXAMPLES
- 24. Examples
- 25. EXAMPLES 25
- 26. EXAMPLES 26
- 27. Are all designs registerable? No. Must meet certain requirements Must be NEW and ORIGINAL Must NOT be contrary to public order or morality Must NOT be dictated by technical function
- 28. Novelty Lace pattern was held to have been infringed
- 29. Novelty
- 30. Novelty
- 31. Assessment of Public Order and/or Public Morality
- 32. Procedure
- 33. Rights granted Right to exclude others from making, using, selling, offering for sale, importing Right to license, assign Right to initiate action against infringer Territorial & for limited duration-30 years(10+10+10) T
- 35. Copyright
- 36. COPYRIGHT 36
- 37. Copyright 37
- 38. Related Rights
- 39. COPYRIGHT Copyright only protects the expression of the idea, not the idea itself. 39
- 43. What are inventions Necessity is the mother of invention Generally speaking, an invention is a solution to a technical problem “invention” means any new and useful product or process includes any new and useful improvement
- 44. Inventions Most people think that invention is a major breakthrough made by R&D laboratories or universities 44
- 45. Examples 45
- 46. Inventions Most of the inventions are incremental made by individual inventors 46
- 48. Paper clip was patented by Norwegian, Johan Vaaler in Germany, 1899
- 49. 49
- 51. Examples 51
- 52. Examples 52
- 53. Patents are all around us Major discovery
- 54. INVENTION INVENTIVE STEP (Not obvious) mere change of size NOVELTY (not available/ known to public) INDUSTRIAL APPLICATION (Useful) - Patentable subject matter - Sufficient disclosure compliances compliances
- 55. Patentable subject matter Discoveries and scientific theories Aesthetic creations Schemes, rules and methods for performing mental acts Inventions that affect public order, morality or health Diagnostic, therapeutic and surgical methods of treatment for humans or animals Plants and animals other than microorganisms; and Computer programs
- 56. How to get a patent For Filing Prescribed form Specification Fees
- 57. Structure of the description Prior art Teapot with one spout Drawback of prior art Time-consuming Problem to solve Reduce filling time Solution Provide a second spout Advantage of the invention The time needed to fill multiple cups is reduced
- 58. Rights granted by a patent Right to prevent or stop others from making, using, offering for sale, selling or importing a product or process; Right to assign, transfer, grant license; Right to institute court proceedings against anyone who uses invention without consent.
- 59. The "social contract" Reveal invention Get exclusivity … so that others can learn from it and improve upon it!
- 60. What not to do when considering filing a patent application • No publication prior to filing e.g. no article, press release, conference presentation/poster/proceedings or blog entry • No sale of products incorporating the invention prior to filing • No lecture or presentation prior to filing except under a non-disclosure agreement (NDA) • Seek professional advice soon! • File before others do!
- 61. 25% of all R&D efforts ... … are wasted each year on inventions that have already been invented. Don't start your R&D until you have done a search!
- 62. Much information only available in patents Published elsewhere Published in patents 80% found only in patents!
- 63. Solutions found in patent documents 10% Protected 90% Free to use You can find many great solutions for free!
- 64. IP LAWS -TM ORDINANCE, 2001 -TM RULES, 2004 -CR ORDINANCE, 1962 -CR RULES, 1967 -PATENTS ORDINANCE, 2000 -PATENT RULES, 2003 -REGISTERED DESIGNS ORDINANCE, 2000
- 65. IPRS Exclusive right-Prevent others from making, using, offering for sale, selling or importing not right to use Granted for a limited period(10, 20, 30) by the government/state (Hence territorial)
- 66. Enforcement of IPRs OWNER OF IS RESPONSIBLE MONITORING THE USE IDENTIFYING ANY IMITATOR/COUNTER- FEITER DECIDE WHETHER, HOW, WHEN TO TAKE ACTION Arbitration/mediation civil(Injunction, damages) criminal (imprisonment, fine or both)
- 67. Protection abroad National Route •with national Offices •different procedures •different languages •fees paid in local currency •(usually) through a local agent VS International Route with WIPO only one procedure one language fees paid in Swiss francs local agent not necessary 67
- 68. Importance Of Learning and protecting IP IP is every where Valuable- Everything worth copying is worth protecting Promote creativity Avoid Infringement
- 69. Author J.K. Rowling converted her imagination to the true intellectual property magic (she earned approximately EUR 750 Million from her COPYRIGHT). 69 Harry Potter
- 70. 70
- 71. Most Valuable Brands Trademark Brand Value ($bil) 104.3 56.7 54.9 50.7 47.3 Sources: Thomson Reuters Fundamentals via FactSet Research System; Forbes.
- 72. Patent applications per year worldwide Year in which application filed Number of inventions for which patent protection sought
- 73. Patent Applications by Top Fields of Technology
- 74. Patent Applications in Pakistan
- 75. Filing rates at selected patent offices
- 76. Design Applications in Pakistan
- 79. 79
- 81. Thank you HAMAYUNS Legal & IP Consultants 105-C, GOR V, Faisal Town, Lahore. www.hamayuns.com