Overview of the IP System Franco G. Teves, Ph.D., Dipl. PAM Director of Research, MSU-IIT

What is intellectual property? (WIPO) Creations of the human mind Creations of the human mind Relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world Relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world Intellectual property rights protect the interests of the creators by giving them property rights over their creation Intellectual property rights protect the interests of the creators by giving them property rights over their creation

Coverage of IP Protection (Convention Establishing the World Intellectual Property Organization, 1967) Literary, artistic, and scientific works Literary, artistic, and scientific works Performances of performing artists, phonograms, and broadcasts Performances of performing artists, phonograms, and broadcasts Inventions in all fields of human endeavor Inventions in all fields of human endeavor Scientific discoveries Scientific discoveries Industrial designs Industrial designs Trademarks, service marks, and commercial names and designations Trademarks, service marks, and commercial names and designations Protection against unfair competition Protection against unfair competition All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Important Milestones in IP Protection Paris Convention for the Protection of Industrial Property (1883) Paris Convention for the Protection of Industrial Property (1883) Berne Convention for the Protection of Literary and Artistic Work (1886) Berne Convention for the Protection of Literary and Artistic Work (1886) Creation of WIPO (1967) Creation of WIPO (1967) Bayh-Dole Act (1980) Bayh-Dole Act (1980) Treaty on Intellectual Property in Respect of Integrated Circuits (1989) which was included in the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), 1994 Treaty on Intellectual Property in Respect of Integrated Circuits (1989) which was included in the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), 1994 R.A (1998) prescribes the IP code and establishes the IPO, providing for its powers and functions, and for other purposes R.A (1998) prescribes the IP code and establishes the IPO, providing for its powers and functions, and for other purposes House Bill 3270 (still in Congress), Techno Transfer Bill House Bill 3270 (still in Congress), Techno Transfer Bill

Two Branches of IP Copyrights – artistic creations, such as poems, novels, music, paintings, and cinematographic work; excludes others from making copies of the expressions without permission Copyrights – artistic creations, such as poems, novels, music, paintings, and cinematographic work; excludes others from making copies of the expressions without permission Industrial properties: Industrial properties: 1. Patents to protect inventions 2. Industrial designs – aesthetic creations determining the appearance of industrial products 3. Trademarks to protect reputation 4. Service marks 5. Layout designs of IC 6. Commercial names and designations 7. Geographical locations 8. Protection against unfair competition

Copyrights Have a lifespan of 50 years or until the death of the author, and is transferrable Have a lifespan of 50 years or until the death of the author, and is transferrable

Patents: Conditions of Patentability Industrial applicability Industrial applicability Novelty Novelty Inventive step Inventive step Patentable subject matter (depending on country) Patentable subject matter (depending on country) Lifespan of 20 years Lifespan of 20 years

Utility Models For certain inventions in the mechanical field For certain inventions in the mechanical field Less complex inventions, have shorter commercial life Less complex inventions, have shorter commercial life Novel, but may lack an inventive step Novel, but may lack an inventive step Shorter maximum term of protection (between 7 to 10 years) Shorter maximum term of protection (between 7 to 10 years) Lower fees for obtaining and maintaining the rights Lower fees for obtaining and maintaining the rights

Industrial Designs Novel ornamental or aesthetic aspect of a useful article (shape, pattern, color) Novel ornamental or aesthetic aspect of a useful article (shape, pattern, color) Design must have visual appeal and performs its intended function efficiently (main difference with copyright) Design must have visual appeal and performs its intended function efficiently (main difference with copyright) Must be reproducible by industrial means Must be reproducible by industrial means Maximum term of years Maximum term of years

Layout Designs of Integrated Circuits Something new that do not fall under industrial design, copyright, and patent Something new that do not fall under industrial design, copyright, and patent

Trademarks Sign, or combination of signs, which distinguishes the goods or services of one enterprise from those of another (words, letters, numerals, pictures, shapes, colors) Sign, or combination of signs, which distinguishes the goods or services of one enterprise from those of another (words, letters, numerals, pictures, shapes, colors) In other countries include 3D forms (Coca-Cola bottle, Toblerone), sounds, smell In other countries include 3D forms (Coca-Cola bottle, Toblerone), sounds, smell If applied for services, become a service mark If applied for services, become a service mark

Trade Names Name or designation that identifies an enterprise Name or designation that identifies an enterprise May be registered or not, depending on the country, but protection is still given May be registered or not, depending on the country, but protection is still given

Geographical Indications Signs used on goods that have a specific geographical origin and possess qualities or reputation that are due to that place of origin Signs used on goods that have a specific geographical origin and possess qualities or reputation that are due to that place of origin

Protection Against Unfair Competition Competitor creating confusion Competitor creating confusion False allegations False allegations

IP Policies Should Pave the Way for Technology Transfer (Phase 2 of the Workshop) Steps in technology commercialization: Steps in technology commercialization: 1. Technology generation 2. Invention report 3. Assessment 4. Patent filing 5. Valuation 6. Marketing 7. Licensing 8. Commercial development

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