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Intellectual Property (IP) : Presented By: Prof. Jason A. Sespeñe, MIT

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77 views

Intellectual Property (IP) : Presented By: Prof. Jason A. Sespeñe, MIT

Uploaded by

Deceree Kim
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Intellectual Property (IP)

Presented by: Prof. Jason A. Sespeñe, MIT


Learning Objectives

• Intellectual Property
• Types of Intellectual Property
• Copyright
• Trademark
• Patent
Multiple Choices
Intellectual Property (IP)

• Intellectual Property means a company or person owns the rights to some kind of
technology.
• IP is protected by a legal instrument declaring they have ownership over the idea /
technology. Owning the patent to a technology means that no one can copy the idea
unless the owner gives their permission. Patents are country specific, for example
someone could apply for an 'UK' patent that protects their rights in the UK but would not
protect them in the USA - unless they apply for a patent in that country as well. Getting a
patent can be very expensive (lots of legal fees) and so the idea has to be worthwhile in
the first place.
• The owner usually gives permission once a financial deal is agreed. For example the
'license holder' of the patent will pay 'Royalties' to the owner for every item sold.
• Many companies make all their money by granting licenses rather than making product
themselves.
Copyright
• Copyrights protect original artistic works.
• Copyrights give their owner the exclusive right to reproduce and profit off the
underlying work.
• A copyright is a form of protection provided to authors of original works of
authorship, including literary, dramatic, musical, artistic, and certain other
intellectual works.
• Copyright protection is available both on published and unpublished works,
including works transmitted online.
• You don’t need to register a copyright to have copyright protection. A copyright
is secured automatically when the work is created. Using the copyright symbol ©
along with the year of first publication (or creation for unpublished works), and
the author’s name signify the copyright. For example, © 2010 BizFilings.
• Copyright infringement can be avoided by showing that the work in question
was created independently of the copyrighted work.
Patent
• The primary goal of the patent law is to encourage innovation and commercialization
of technological advances.
• Patent law incentivizes inventors to publicly disclose their inventions in exchange for
certain exclusive rights. A patent protects inventions. These inventions can include
new and useful processes, machines, manufactures, compositions of matter as well as
improvements to these. Certain computer programs may fall within the subject matter
protected by both patents and copyrights.
• In this respect, the patent system compliments copyright protection by providing
protection for functional aspects of the software, which are not protected by
copyright.
• Unlike with copyright protection, to get patent protection one must first apply for and
be granted a patent from the Intellectual Property Office of the Philippines (IPOPHL).
• Unlike the copyright registration process, the patent application process is expensive,
complex, difficult, and time consuming and generally should not be attempted without
the assistance of an experienced patent attorney or agent.
Trademark

• A trademark is a word, phrase, symbol, and/or design that identifies


and distinguishes the source of the goods of one party from those of
others.
• A service mark is a word, phrase, symbol, and/or design that identifies
and distinguishes the source of a service rather than goods.
• Examples include brand names, slogans, and logos. (The term
“trademark” is often used in a general sense to refer to both
trademarks and service marks.)”
• Similar to copyright, a person does not need not register a trademark
or service mark to receive protection rights. There is rarely an overlap
between trademark and copyright law but it can happen — for
instance, when a graphic illustration is used as a logo the design may
be protected both under copyright and trademark.
Copyright Patents Trademark
What’s Protected? Original works of authorship, Inventions, such as processes, Any word, phrase, symbol,
such as books, articles, songs, machines, manufactures, and/or design that identifies
photographs, sculptures, compositions of matter as and distinguishes the source
choreography, sound well as improvements to of the goods of one party
recordings, motion pictures, these from those of others
and other works

Requirements to be A work must be original, An invention must be new, A mark must be distinctive
Protected creative and fixed in a useful and nonobvious (i.e., that is, it must be
tangible medium capable of identifying the
source of a particular good)

Term of Protection Author’s life plus 70 more 20 years For as long as the mark is
years. used in commerce

Rights Granted Right to control the Right to prevent others from Right to use the mark and to
reproduction, making of making, selling using or prevent others from using
derivative works, distribution importing the patented similar marks in a way that
and public performance and invention would cause a likelihood-of-
display of the copyrighted confusion about the origin of
works the goods or services.

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