An Introduction to Intellectual Property

1. AN INTRODUCTION TO
INTELLECTUAL PROPERTY
Presented by:
Richard Aching, Manager, Technical
Examination

2. OUTLINE
• What is Intellectual Property
(IP)?
• Functions of the Intellectual
Property Office
• Types of IP
• Benefits of IP
OUTLINE

3. What is Intellectual Property?

4. Intellectual property
(IP) refers to Expressed
creations of the mind
(adapted from the
World Intellectual Property
Organization (WIPO)

5. Responsibilities of the Intellectual
Property Office (IPO) of T&T

8. Protection for Original
literary and artistic works

9. MUSICAL WORKS
DRAMATIC
WORKS STAGE
PRODUCTIONS
AUDIOVISUAL
WORKS
PAINTINGS,
DRAWINGS,
ENGRAVINGS
SCULPTURES
WRITINGS
PHOTOGRAPHIC,
ARCHITECTURAL
WORK
SOUND
RECORDINGS PUBLIC
PERFORMANCES
WORKS OF
MAS
ILLUSTRATIONS,
MAPS, PLANS
COMPUTER
PROGRAMS

10. Cannot copyright:
• Ideas
• Procedures
• Discoveries
• Mere data
• Legislative texts
• Official translations
• Political speeches, speeches delivered in
the course of legal proceedings

11. Rights of performers, broadcasters & producers of
sound recordings

12. RIGHTS IN COPYRIGHT
• Economic rights
• Moral rights
•Right to be named as
author/creator
•Right to not have work
distorted
•Retained after work expired
•Can be waived in writing
Leonardo da Vinci

13. Industrial
Property

14. PATENT
S
PATENT
S
INDUSTRIAL DESIGNSINDUSTRIAL DESIGNS
TRADE MARKSTRADE MARKS
GEOGRAPHICAL INDICATIONSGEOGRAPHICAL INDICATIONS
NEW PLANT VARIETIESNEW PLANT VARIETIES
LAYOUT TOPOGRAPHIES OF INTEGRATED CIRCUITSLAYOUT TOPOGRAPHIES OF INTEGRATED CIRCUITS
TRADE SECRETSTRADE SECRETS

15. 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.
(World Intellectual Property Organization)
1.Patents protect inventions.
2.An invention is a new technical solution
to an existing problem (process/product).

16. Criteria for Protection
Novelty Inventive Step Industrial
Applicability

17. The Selfie Stick
• Apparatus for supporting a camera…
• US Patent No. 7,684,694 B2
• Inventor: Wayne Fromm, Canada
• Filed: 2006
Issued: 2010

18. 1. The invention is more complex than
the problem merits

19. 2. The invention is not kept secret until
the date of filing

20. 3. The invention isn't new

21. 4. The inventor hasn't fully considered
the problem

22. 5. No-one wants it

23. 6. An invention is safer if it's kept secret

24. 7. The inventor has an unrealistic idea of
the value of his invention

25. An Industrial Design is the ornamental aspect of an
object. In other words, it is that part of an object
which you can see or feel.

28. Arrangement of electrical components on a
semiconductor.

29. IPRs granted to the breeder of a new variety of
plant; aka Plant Breeder Rights.

30. A mark used to identify a good
(agricultural/ non-agricultural)
Coming from a specific geographical areaWith a unique quality or reputation or characteristic

31. Any sign/symbol which indicates source of
good/service

32. Must be distinctive – not generic, descriptive

33. Distinctiveness

34. What’s in a name/brand?
Pajero /
Montero
Sound?

35. Shapes as brands
• Cocoa Cola bottle

36. Gibson Les
Paul
Paul Reed
Smith
Single Cut

37. Stay Away From…….Stay Away From…….
Descriptive wordsDescriptive words
Generic wordsGeneric words
Deceptive wordsDeceptive words
Scandalous designScandalous design
or against law oror against law or
moralitymorality
Direct ReferenceDirect Reference

38. Information not
generally known
Has commercial
value
Steps taken to be
kept secret

39. Branding, Inventions and Designs
• Viagra Spanx

40. Forms of IP
Forms of
IP
Law Period of
Protection
Works
Copyright &
Related
Rights
Copyright Act 1997 and
Regulations
Life of Author +
50 yrs
Artistic and Literary
Works
Trade Marks Trade Marks Act 1955
and Amendments
10 yrs and
renewable
indefinitely
Sign, logo
Patents Patents Act 1996 and
Rules
20 yrs Inventions
Industrial
Designs
Industrial Designs Act
1996 and Rules
5+5+5 Look /Feel of
Manufactured Goods
New Plant
Varieties
Protection of New Plant
Varieties Act, 1997
15-18 yrs Listed genera and
species
Geographica
l Indications
Geographical Indications
Act, 1996 and Regulations
-- Geographical
Indications

41. Tool for economic development
Innovation
Business and Trade
Exclusive Rights

42. Ultimate Purpose

44. Business competitiveness
"Because the purpose of business is to create
a customer, the business enterprise has two--
and only two--basic functions: marketing and
innovation. Marketing and innovation produce
results; all the rest are costs. Marketing is the
distinguishing, unique function of the
business."
Peter Drucker

45. Shareholder value and
Intangible Assets
In the US 1982 Intangible assets only
accounted for 38% of a company’s Market
Value. In 1992 – 62% and in 1999 it rose
to 84% of Market Value.
1970 2005
0%
100%
Components of S&P 500 market value
Tangible assets
Intangible assets

46. Intangible assets as collateral
 In some firms/sectors intangibles significantly
exceed the value of tangibles
 Borrowing against tangible assets
disadvantages firms with higher proportions
of intangibles
 Knowledge-based firms need to borrow
against intangible assets
 Such firms must
 account for their intangibles
 protect their intangibles using IPRs
 police their intangibles and
 punish IPR infringers

47. Valuation of IP
 Income method
 Discounted cash flow
 Venture capital
 Relief from royalty
 Real options
 Market comparables
 Historic cost
 Replication cost
 Replacement cost

48. Borrowing against IP
Borrower IP $ (m) Date
Borden Trade marks 480 1991
Disney Copyrights 400 1992
Liggitt Trade marks 150 1992
Chemical Company Patents 100 1994
Calvin Klein Trade marks 58 1993
GE Capital Trade marks n/a 1995
Fashion Company Trade marks 100 1996
News Corporation Copyright 260 1996
Nestle Trade marks n/a 1996
David Bowie Copyrights 55 1997

50. Address: 3rd
Floor, Capital Plaza, 11-13 Frederick
Street, Port of Spain.
Email: info@ipo.gov.tt
Phone: 625-1907; 627-0706
www.ipo.gov.tt
Ipo Trinbago