BNCS322 Intellectual Property Rights Introduction PDF

BNCS322 Intellectual Property Rights Introduction Bachelor of Science in Networking and Cyber Security  Introduction 2 □ Intellectual property is the intangible product of the mind, human intellectual ideas and the way they are repres...

BNCS322 Intellectual Property Rights Introduction Bachelor of Science in Networking and Cyber Security  Introduction 2 □ Intellectual property is the intangible product of the mind, human intellectual ideas and the way they are represented. □ Intellectual property rights (IPR): refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. □ IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. □ It is vital for creative business persons to be familiar with the basic laws and procedures relating to intellectual property that are achieved both domestically and internationally in order to protect and market their products. Some examples of intellectual property include: inventions Publications and scholarly works Computer programs Music © ISBAT UNIVERSITY – 2020. 9/16/2024  What are Intellectual Property Rights? 3 □ The main purpose of intellectual property rights is to encourage new creations. They include technology, artwork, inventions and innovations, that might increase economic growth. □ There are several types of intellectual property protection like patent, copyright, trademark, etc. □ Each industry should evolve its own IPR policies, management style and strategies depending on its area of specialty because it is a prerequisite for better identification, planning and commercialization. □ In order to adequately compete in today’s business environment, a person must have basic legal knowledge and how to utilize and modify laws affecting their products and their markets. □ For example, Intellectual Property (IP) is protected only for a limited period of time, beyond which it is no longer protected and falls into the public Domain. © ISBAT UNIVERSITY – 2020. 9/16/2024  Genesis of IPR 4 □ The laws and administrative procedures IPR have their roots in Europe. Granting patents started in England in the 14th century. □ On 16th July, 1331, King Edward III of England created history by providing King's protection through a letter's patent. It was given to a Flemish weaver of woolen clothes by the name John Kemp. Kemp was allowed by the monarch to exploit his invention and conduct trade on woolen clothes made by his craft in England. □ He also got the right to teach his weaving technique to people he chose to. Thus, the protection gave Kemp exclusive rights to work and disseminate his knowledge and skills. □ Patents later created monopoly over new industries to raise money for the crown and was abused often. Elizabeth I issued patents even for common commodities like salt, starch that led to conflicts between the Parliament and the Crown, which was finally settled in 1601. © ISBAT UNIVERSITY – 2020. 9/16/2024  History of IPRs - Copyrights 5 □ The first known copyrights appeared in Italy. Venice can be considered the cradle of IP system as most legal thinking in this area was done here; laws and systems were made here for the first time in the world, and other countries followed in due course. □ In the year 1873, there was an event called 'The World Exposition' in Vienna, Austria. The idea behind it was to promote exchange of education, knowledge and culture. However, the American inventors announced their boycott of this event. During the 18th and the 19th century, technology in its modern form did not exist and rights of an inventor were confined to his/her country. © ISBAT UNIVERSITY – 2020. 9/16/2024  History of IPRs – Paris Convention 1883 6 □ Many budding inventors who desired to participate in the event felt that their novel inventions would be copied by onlookers, who would commercialize them without any regard to their interest. □ Thus, there was a need to have an international legal regime that would provide protection for an invention across countries. □ The Paris Convention in 1883, detailed industrial property rights in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. □ 11 countries signed up to joined the World Intellectual Property Organization (WIPO). There are 193 countries that have currently adapted it. © ISBAT UNIVERSITY – 2020. 9/16/2024  What About Uganda’s IPR? 7 □ Ugandan law protects intellectual property rights through the Uganda Registration Services Bureau. They conduct annual events every year to teach the role that IP rights play in encouraging innovation and creativity. □ Every 26th April, Uganda Registration Services Bureau (URSB) which is Uganda’s National Intellectual Property (UNIP) office joins the rest of the world to celebrate the World Intellectual Property Day. □ While the Uganda Registration Services Bureau (URSB) provides a standardized process for registering each type of intellectual property and allows investors to enforce their rights through the court system, enforcement remains weak because the government rarely enforces the laws aimed at preventing piracy and the distribution of counterfeit goods. □ Uganda signed the World Intellectual Property Organization’s (WIPO) Patent Law Treaty in 2000. © ISBAT UNIVERSITY – 2020. 9/16/2024  Details About URSB 8 □ The Uganda Registration Services Bureau is an autonomous statutory body established by Chapter 210 Laws of Uganda in 1998. □ Current Board Chairman - Ambassador Francis Butagira. □ Registrar General – Mercy K. Kainobwisho. □ Current location - 1 Baskerville Avenue, Kampala. © ISBAT UNIVERSITY – 2020. 9/16/2024  ARIPO 9 □ In August 2021, Uganda adopted the African Regional Intellectual Property Organization (ARIPO)’s draft protocol on regional voluntary registration of Copyright and Related Rights. The Protocol was adopted by ARIPO member countries with the aim of ensuring African creators benefit from their creative works. □ Though Uganda’s power, agricultural, construction, infrastructure, technology, and healthcare sectors present attractive potential opportunities for international business and investment climate (IBIC), they are tarnished by several factors. □ They include the closing of political and democratic space, poor economic management, corruption, , weak rule of law, growing calls for protectionism from some senior policymakers, and the government’s failure to invest adequately in the health and education sectors all create risks for investors. © ISBAT UNIVERSITY – 2020. 9/16/2024  ARIPO’s Member States 10 □ The African Regional Intellectual Property Organization (ARIPO) currently has 22 member states. They include: 1. Botswana 12. Namibia 2. Cape Verde 13. Rwanda 3. Eswatini 14. Sao Tome & Principe 4. The Gambia 15. Sierra Leone 5. Ghana 16. Seychelles 6. Kenya 17. Somalia 7. Lesotho 18. Sudan 8. Liberia 19. Tanzania 9. Malawi 20. Uganda 10. Mauritius 21. Zambia 11. Mozambique 22. Zimbabwe © ISBAT UNIVERSITY – 2020. 9/16/2024  What About Uganda’s IBIC? 11 □ International firms often find themselves competing with third-world country firms that cut costs and win contracts by disregarding environmental regulations and labor rights, dodging taxes, and bribing officials. Shortages of skilled labor, a complicated land tenure system, and increased local content requirements, also impede the growth of businesses and serve as disincentives to investment. □ For example, Uganda’s parliament passed a Mining and Minerals Bill in February 2022, aimed at reforming the mining sector and attracting larger mining companies to exploit Uganda’s cobalt, copper, nickel, rare earth, and other mineral deposits. However, the private sector has noted that the bill could limit potential international investment since it contains high tax and insufficient legal protections for mining firms. © ISBAT UNIVERSITY – 2020. 9/16/2024  What Will You Invent or Innovate? 12 □ Identify your product (good or service) □ Research who is thinking like you internationally (published works) □ Research who is thinking like you in Uganda or your country (unpublished works) □ Make a written proposal (practical record book) □ Make a blueprint (diagrams and drawings) □ Don’t share ideas with your classmates/family. Only your research supervisor. © ISBAT UNIVERSITY – 2020. 9/16/2024  Invention vs Innovation 13 NO. INVENTIONS INNOVATIONS 1. Brand new ideas, have that ‘big bang’, Refurbished, reused or modified ideas. ‘rebirth’ effect. 2. It may a product, a service or a process. Connect the dots between inventions. 3. Generate little to no income. Can even Generate lots of commerce and cause debts. employment from inventions. 4. Technical inventions are often secretive and Technical innovations are shared amongst some inventors die before their works are study and work colleagues as stress tests appreciated. and may even get ‘plug-ins’. 5. Tend to isolated and highly competitive. 6. Employees must pledge allegiance and even The Uberization of employment especially sign NDRs, especially with tech inventions. tech innovations. 7. Safety nets, firewalls and barriers enforced Few to no safety nets exist. Prone to 3rd to protect them. party attacks. 8. Promote R&D (qualitative). Expensive. Promote R&D (quantitative). Expensive or cheap. © ISBAT UNIVERSITY – 2020. 9/16/2024  Thank You 14 © ISBAT UNIVERSITY – 2020. 9/16/2024