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Introduction to ipr [compatibility mode]
- 2. Session
What is Intellectual Property? 1
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© 2009
- 3. Session
Definition 1
Intellectual property (IP) is
the name given to property
arising out of human
intellectual effort.
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© 2009
- 4. Session
The output of human
1
intellectual effort often
manifests itself as new or
original knowledge or
creative expression which
adds a desirable quality to a
marketable product or
service.
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© 2009
- 5. Session
1
Various elements provide intellectual output with
attributes that, in one way or another, enhance the
quality of life.
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© 2009
- 6. Session
These elements may be called
1
► human endeavour,
► ingenuity,
► creativity,
► inventiveness,
► flash of inspiration,
► sudden insight, or
► new insight into observed facts.
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© 2009
- 7. Session
► These Elements may involve in
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■ solving a technical problem in making something
with more desirable functional qualities, or
■ result in creating something aesthetically pleasing,
to satisfy a human need or want, be it sensory,
social, cultural, mental, spiritual or religious.
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© 2009
- 8. Session
Intellectual property refers to creations of the mind:
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► Inventions,
► literary,
► Artistic works,
► Designs used in commerce,
► Symbols,
► Names,
► Images.
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© 2009
- 9. Session
Characteristics of IP 1
► A key characteristic of any property is that the owner
of property has the exclusive authority to determine
how that property is used.
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© 2009
- 10. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
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© 2009
- 11. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
In both the case
the owner has
exclusive right to
determine how it
is used.
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© 2009
- 12. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Can only be used by Can be used by
one or a limited various people at the
number of people at a same time (including
given time. the owner or creator).
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© 2009
- 13. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Has economic value Has economic value
as long as it exists or only for the duration
as long as there is specified in the laws
demand for it. and as long as there is
demand for it.
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© 2009
- 14. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Possibility of theft and Greater possibility of
disputes concerning theft and disputes
ownership is rather concerning ownership.
limited.
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© 2009
- 15. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Theft occurs only if Theft occurs if the
the possession of the property is copied,
property changes imitated, adapted,
hands. translated, used,
displayed, etc. without
permission of the
owner or creator.
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© 2009
- 16. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
In both the cases
Expenditure or
income from the
property may be
subject to taxation.
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© 2009
- 17. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Both the
properties May be
valued and
reflected on
account books and
balance sheets.
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© 2009
- 18. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Both the
properties May be
securitized and
used as collateral
for borrowing
money
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© 2009
- 19. Session
Physical Property Intellectual Property
1
(Tangible or Material) (Intangible or Immaterial)
Both the
properties May
be insured.
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© 2009
- 20. Session
Intellectual Property 1
Industrial Property Copyright
Patents Literary Works
Trade Mark Artistic Works
Industrial Designs
Trade Secrets
Geographic Indications
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© 2009
- 21. Session
Patents 1
A patent is an exclusive right granted for an invention,
which is a product or a process that provides a new and
non-obvious way of doing something, or offers a new
and non-obvious technical solution to a problem.
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© 2009
- 22. Session
Trade Mark 1
A trademark is a sign or any combination of signs,
capable of distinguishing a product or service from
other products or services on the market.
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© 2009
- 23. Session
Industrial Designs 1
An industrial design (or simply a design) is the
appearance of the whole or part of a product resulting
from features of, in particular, the lines, contours,
colours, shape, texture and/or materials of the product
itself and/or its ornamentation.
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© 2009
- 24. Session
Trade Secrets 1
Trade secrets or confidential business information are any
information that can be used in the operation of a business
and that is sufficiently valuable and secret to afford
economic advantage over others.
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© 2009
- 25. Session
Geographic Indications 1
A geographical indication is a sign used on goods that
have a specific geographical origin and possess qualities
or reputation that are due to their place of origin.
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© 2009
- 26. Session
Copyright
Copyright describes a bundle of
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rights given to creators in relation to
their literary and artistic works. It
protects items such as paintings,
drawings, sculptures, photographs,
architecture, instruction manuals,
software, databases, technical
documentation, advertisements,
maps, literary works, music, films or
songs.
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© 2009
- 27. Session
One Product, Many IP Rights 1
A single product may be protected by a variety of
different IP rights e.g. CD Player.
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© 2009
- 28. Session
CD Player 1
► The innovative technical features of the product are
protected by a series of PATENTS.
► The embedded computer programme controlling
the operations are protected by COPYRIGHTS.
► The aesthetic design of CD Player can be protected
by INDUSTRIAL DESIGN.
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© 2009
- 29. Session
CD Player 1
► The Brand used to market it can be protected as a
TRADEMARK.
► In addition, the manufacturers probably hold a
numbers of TRADE SECRETS ranging from their
customer list to some of manufacturing processes or to
other confidential information that they would not
want to disclose to the competitors.
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© 2009
- 30. Session
CD Player 1
► In addition, the inventors of CD chose to grant the
authorization (or LICENCE) to a number of companies
to use the CD technology in exchange of Payment, thus
acquiring additional income from the LICENCE.
► The inventors of innovative products can obtain
exclusivity to use, or prohibit others from using, each
one of this elements through IP Protection.
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© 2009