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Session
                  1



         1
© 2009
Session
         What is Intellectual Property?        1



                                 2
© 2009
Session
                  Definition              1
         Intellectual property (IP) is
         the name given to property
            arising out of human
              intellectual effort.




                                 3
© 2009
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.
                                            4
© 2009
Session
                                                               1
         Various elements provide intellectual output with
         attributes that, in one way or another, enhance the
         quality of life.




                                                 5
© 2009
Session
         These elements may be called
                                                       1
         ► human endeavour,

         ► ingenuity,

         ► creativity,

         ► inventiveness,

         ► flash of inspiration,

         ► sudden insight, or

         ► new insight into observed facts.
                                              6
© 2009
Session
         ► These Elements may involve in
                                                                    1
           ■ 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.




                                                        7
© 2009
Session
   Intellectual property refers to creations of the mind:
                                                                 1
   ► Inventions,

   ► literary,

   ► Artistic works,

   ► Designs used in commerce,

   ► Symbols,

   ► Names,

   ► Images.
                                                  8
© 2009
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.




                                                 9
© 2009
Session
           Physical Property         Intellectual Property
                                                               1
         (Tangible or Material)   (Intangible or Immaterial)




                                               10
© 2009
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.

                                                11
© 2009
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).




                                                 12
© 2009
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.




                                                 13
© 2009
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.




                                                14
© 2009
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.


                                                  15
© 2009
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.

                                               16
© 2009
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.
                                               17
© 2009
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
                                                 18
© 2009
Session
           Physical Property         Intellectual Property
                                                               1
         (Tangible or Material)   (Intangible or Immaterial)



            Both the
         properties May
           be insured.



                                               19
© 2009
Session
                                  Intellectual Property                         1
     Industrial Property                                   Copyright


                Patents                                   Literary Works


              Trade Mark                                  Artistic Works


           Industrial Designs


             Trade Secrets


         Geographic Indications
                                                             20
© 2009
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.




                                                 21
© 2009
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.




                                                     22
© 2009
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.




                                                    23
© 2009
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.




                                                       24
© 2009
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.




                                                       25
© 2009
Session
                         Copyright
   Copyright describes a bundle of
                                                       1
   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.

                                             26
© 2009
Session
           One Product, Many IP Rights                       1
         A single product may be protected by a variety of
         different IP rights e.g. CD Player.




                                               27
© 2009
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.


                                                   28
© 2009
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.

                                                29
© 2009
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.
                                                       30
© 2009

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Introduction to ipr [compatibility mode]

  • 1. Session 1 1 © 2009
  • 2. Session What is Intellectual Property? 1 2 © 2009
  • 3. Session Definition 1 Intellectual property (IP) is the name given to property arising out of human intellectual effort. 3 © 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. 4 © 2009
  • 5. Session 1 Various elements provide intellectual output with attributes that, in one way or another, enhance the quality of life. 5 © 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. 6 © 2009
  • 7. Session ► These Elements may involve in 1 ■ 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. 7 © 2009
  • 8. Session Intellectual property refers to creations of the mind: 1 ► Inventions, ► literary, ► Artistic works, ► Designs used in commerce, ► Symbols, ► Names, ► Images. 8 © 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. 9 © 2009
  • 10. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial) 10 © 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. 11 © 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). 12 © 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. 13 © 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. 14 © 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. 15 © 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. 16 © 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. 17 © 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 18 © 2009
  • 19. Session Physical Property Intellectual Property 1 (Tangible or Material) (Intangible or Immaterial) Both the properties May be insured. 19 © 2009
  • 20. Session Intellectual Property 1 Industrial Property Copyright Patents Literary Works Trade Mark Artistic Works Industrial Designs Trade Secrets Geographic Indications 20 © 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. 21 © 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. 22 © 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. 23 © 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. 24 © 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. 25 © 2009
  • 26. Session Copyright Copyright describes a bundle of 1 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. 26 © 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. 27 © 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. 28 © 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. 29 © 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. 30 © 2009