3. What is Intellectual Property?
"...the ownership of ideas and control over the tangible or virtual
presentation of those ideas..."
Intellectual property (IP) is a term referring to a number of distinct
types of creations of the mind for which property rights are recognised
and the corresponding fields of law
4. Patents
New inventions or any new and useful improvement of an existing invention
A patent is a set of exclusive rights granted by a
state (national government) to an inventor or
their assignee for a limited period of time in
exchange for a public disclosure of an invention.
1. Must be new
2. Must not be obvious
3. Must have a useful application
Should be Better or Cheaper or Different
Non-Patentable Subject Matter
1.Mathematical formulae,algorithms
2.Naturally occurring organisms
3.Laws of nature
4.Abstract ideas
5.Natural phenomenon
5. What can you patent?
Using a doorlock as an example :
A Product: a doorlock
A Composition: a chemical composition in
lubricants for doorlocks
An Apparatus: a machine for making doorlocks
A Process: a method for making doorlocks
… or an improvement on any of these
90% of patents are
for improvements to
existing patented inventions
6. Trademarks
A trademark or trade mark is a distinctive sign used by an individual
or legal entity to identify that the products or services to consumers
with which the trademark appears originate from a unique source, and
to distinguish its products from those of other entities
A trademark is designated by the following symbols:
™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
℠ (for an unregistered service mark, that is, a mark used to promote or brand
services)
® (for a registered trademark)
What can be Registered:
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Name (e.g. Gillette)
Logo (e.g. Tick - Nike)
Slogan (e.g. Mr Kipling - 'Exceedingly Good Cakes)
Colour (e.g. Orange - Mobile phone & Easyjet)
Shape (e.g. Coke bottle)
Sound (e.g. Intel)
Domain Name (e.g. www.amazon.com)
7. Copyright
Copyright is the set of exclusive rights granted to the author or creator of
an original work, including the right to copy, distribute and adapt the work.
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Can be bought, sold or licensed
Lasts up to 70 years after the author’s death
Automatic right
Not registered
Cost is free
What does it Cover?
• Artistic Works (inc. engravings, photographs, Drawings)
• Literary Works (inc. computer programs, song lyrics,
newspaper articles, website content etc)
• Dramatic Works (including dance or mime)
• Musical Works (scores - written)
• Layouts (used to publish a work, for a book)
• Recordings (sound and film)
• Broadcasts
8. Industrial design right
Features that appeal to the eye
An Industrial design right protects the visual design of objects that are not purely utilitarian.
An industrial design consists of the creation of a shape, configuration or composition of pattern
or color, combination of pattern and color in three dimensional form containing aesthetic value.
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Design must be original
Can be two- or three-dimensional
Can be bought, sold, licensed
Don’t last forever – 25 years standard
Designs, such as those featured in these
products, are known for their visual appeal.
9. The IP behind the BlackBerry
Patent
Patent CA 2508239
A display for a handheld computing
device includes a display panel; a circuit
board carrying display electronics for the
display panel
Owner: RESEARCH IN MOTION
LIMITED
Trade-mark
Trademark Registration
TMA 638068
Industrial design
Industrial Design Registration 125919
Title: Handheld Electronic Device
Wares/Services: Electronic
Registrant: RESEARCH IN
handheld units
MOTION LIMITED
Registrant: RESEARCH IN
MOTION LIMITED
10. The Canadian IP system at a glance
Patents
Trademarks
Copyrights
Industrial designs
Term
Up to 20 years
after filing
Renewable
15-year period
Generally life
plus 50 years
Up to 10 years
Protection
Apply nationally
Apply nationally
Automatic, apply
internationally (but
registration can be
sought in Canada)
Apply nationally
Protects
against
Use, sale,
manufacture
Use
Copying, reproducing
Manufacture, sale, rent or
importation
What is
protected
Inventions
Identity of your
products and services:
words, symbols and
designs
Original literary, artistic,
musical and dramatic
works, and other subject
matters: sound
recordings,
performances,
communication signals
Visual appearance of a
product: ornamentation,
shape, pattern,
configuration
11. Thank you for attention
Alexander Zhuravlev
MSLU 2010
Notes de l'éditeur
{"5":"Motivations for Patenting \nDeterrent \nMaintain exclusive control over the patented invention\nPrevent competitors from market entry\nDefensive \nPrevent competitors from obtainingpatents for known subject matter\nLicensing and Commercialization\nLicensing fees and royalty income\nDemonstration of Organizational Capabilities \n","6":"A word (or words), a design, or a combination of these used to distinguish the goods and services of one person or organization from those of others in the marketplace \nThe owner of a registered trademark may prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.\n","7":"Rights derived from any original literary, dramatic, musical or artistic work can be registered from the moment this work is created. \n","2":"You are about to journey into the world of IP. The following presentation will introduce you to the strategic value of IP. You will learn about the five main types of intellectual property rights which play a key role in supporting innovation and productivity by delivering and granting quality \n","3":"Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.\nIP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.\nAlthough many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the United States.[2] The British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origin of copyright and patent law respectively.\n","10":"IP plays an important role in facilitating the process of taking innovative technology to the market place. At the same time, IP plays a major role in enhancing competitiveness of technology-based enterprises, whether such enterprises are commercializing new or improved products or providing service on the basis of a new or improved technology. Intellectual property rights can be used effectively to facilitate successful innovation. Innovative technologies stand a better chance of successfully reaching the marketplace if IP is used strategically.\n"}
