Intellectual Property Rights.pptx

INTELLECTUAL PROPERTY RIGHTS Unit 11 INTRODUCTION Intellectual property (IP) is a term referring to creation of the intellect (the term used in studies of the human mind) for which a monopoly (from greek word monos means single polein to sell) is assigned to designated owners by law. Some common t...

INTELLECTUAL PROPERTY RIGHTS Unit 11 INTRODUCTION Intellectual property (IP) is a term referring to creation of the intellect (the term used in studies of the human mind) for which a monopoly (from greek word monos means single polein to sell) is assigned to designated owners by law. Some common types of intellectual property rights (IPR), in some foreign countries intellectual property rights is referred to as industrial property, copyright, patent and trademarks, trade secrets all these cover music, literature and other artistic works, discoveries and inventions and words, phrases, symbols and designs. Intellectual Property Rights are themselves a form of property called intangible property. Although many of the legal principles governing IP and IPR 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 majority of the world. TYPES OF INTELLECTUAL PROPERTY The term intellectual property is usually thought of as comprising four separate legal fields: 1. Trademarks 2. Copyrights 3. Patents 4. Trade secrets 1. TRADEMARKS AND SERVICE MARKS: A trademark or service mark is a word, name, symbol, or device used to indicate the source, quality and ownership of a product or service. A trademark is used in the marketing is recognizable sign, design or expression which identifies products or service of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being. In addition to words, trademarks can also consist of slogans, design, or sounds. Trademark provides guarantee of quality and consistency of the product or service they identify. Companies expend a great deal of time, effort and money/ in establishing consumer recognition of and confidence in their marks. HOW TO REGISTER A TRADEMARK IN NAMIBIA Step 1: Preliminary Search The first step is to conduct a preliminary search to ensure that your proposed trademark isn't similar or identical to an existing one. The Business and Intellectual Property Authority (BIPA) of Namibia provides a database for this search. Access the database at this link: https://www.bipa.na/ Step 2: Application If the search does not reveal any conflicting trademarks, you can proceed to file an application with the BIPA. The application must include a clear representation of the trademark and a list of goods or services that will be covered by the trademark. Step 3: Examination by BIPA After receiving the application, BIPA will examine it to ensure that it complies with the requirements of the Trademark Law. BIPA will also determine whether the trademark can be registered or if it infringes upon any existing trademarks. Step 4: Publication Once the application passes the examination, BIPA will publish the application in the Government Gazette. This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period lasts for 60 days from the date of publication. HOW TO REGISTER A TRADEMARK IN NAMIBIA Step 5: Registration If no opposition is filed, or if any opposition is resolved in favor of the applicant, BIPA will proceed with the registration of the trademark. The applicant will then receive a certificate of registration. Costs: The official fee for filing a trademark application is approximately NAD 590 (as of 2022). If the application is successful, there is an additional fee for the issuance of the registration certificate. Please note that these fees are subject to change and it's recommended to check the latest fees on the BIPA website. Time-frame: The entire process, from application to registration, usually takes between 12 to 18 months, provided that there are no objections or oppositions. Website Links: Business and Intellectual Property Authority (BIPA): https://www.bipa.na/  2. COPYRIGHTS Copyright is a form of protection provided by U.S. The owner of a copyright has the right to law (17 U.S.C 101 et seq) to the authors of reproduce the work, prepare derivative "original works of authorship" fixed in any tangible works based on the original work (such as a medium of expression. The manner and medium of fixation are virtually unlimited. Creative sequel to the original), distribute copies of expression may be captured in words, numbers, the work, and to perform and display the notes, sounds, pictures, or any other graphic or work. Violations of such rights are symbolic media. The subject matter of copyright is protectable by infringement actions. extremely broad, including literary, dramatic, Nevertheless, some uses of copyrighted musical, artistic, audiovisual, and architectural works are considered “fair use” and do not works. Copyright protection is available to both constitute infringement, such as use of an published and unpublished works. Copyright insignificant portion of a work for protection is available for more than merely serious works of fiction or art. Marketing noncommercial purposes or parody of a materials, advertising copy and cartoons are also copyrighted work. Definition: General protectable. Copyright is available for original Definition of copyright “Copyright owner”, working protectable by copyright, such as titles, with respect to any one of the exclusive names, short phrases, or lists of ingredients. rights comprised in a copyright, refers to the Similarly, ideas methods and processes are not owner of that particular right. protectable by copyright, although the expression  2. COPYRIGHTS Namibia has 2 international copyright agreements, and is a member country of The Berne Convention for Copyright. The Copyright Index operates in Namibia under international copyright agreements, and is recognised in countries all around the world as a copyright authority providing official copyright registration.  3. PATENTS A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for Smartzworld.com Smartworld.asia jntuworldupdates.org Specworld.in P.Bindu Madhavi, Assistant Professor, Dept. of MBA Page 4 sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO. There are three types of patents: Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. If you can reproduce your plant by means other than by seeds, such as cutting or grafting the plant, that's asexual reproduction. A plant patent requires asexual reproduction because it proves the applicant can duplicate the plant.  3. PATENTS The Namibian Industrial Property Act recognizes Namibia’s obligations in terms of international treaties including: the Patent Co-Operation Treaty (PCT), ARIPO, Madrid Agreement and the Hague Agreement. A patent is an exclusive right granted for an invention, which invention is a specific product or process that provides a new way of doing something or offers a new technical solution to a problem. The proposed patent is available for registration provided that the invention is new, involves an inventive step and is industrially applicable. A patent registered for an invention grants a right to the inventor. This right excludes others from making, using, offering for sale, or selling the invention. The right to a patent may be assigned, or transferred either by succession or operation of law. In Namibia, patents are valid for a period of 20 years after the filing date. Annual maintenance fees should be paid in order to ensure the validity of the patent. In Namibia, the Patent may be converted to a Utility Model. 3. PATENTS  4. TRADE SECRETS A trade secret consists of any valuable business information. The business secrets are not to be known by the competitor. There is no limit to the type of information that can be protected as trade secrets; For Example: Recipes, Marketing plans, financial projections, and methods of conducting business can all constitute trade secrets. There is no requirement that a trade secret be unique or complex; thus, even something as simple and nontechnical as a list of customers can qualify as a trade secret as long as it affords its owner a competitive advantage and is not common knowledge. If trade secrets were not protectable, companies would no incentive to invest time, money and effort in research and development that ultimately benefits the public. Trade secret law thus promotes the development of new methods and processes for doing business in the marketplace. Protection of Trade Secrets: Although trademarks, copyrights and patents are all subject to extensive statutory scheme for their protection, application and registration, there is no federal law relating to trade secrets and no formalities are required to obtain rights to trade secrets. Trade secrets are protectable under various state statutes and cases and by contractual agreements between parties. For Example: Employers often require employees to sign confidentiality agreements in which employees agree not to disclose proprietary information owned by the employer.  4. TRADE SECRETS If properly protected, trade secrets may last forever. On the other hand, if companies fail to take reasonable measures to maintain the secrecy of the information, trade secret protection may be lost. Thus, disclosure of the information should be limited to those with a “need to know” it so as to perform their duties, confidential information should be kept in secure or restricted areas, and employees with access to proprietary information should sign nondisclosure agreements. If such measures are taken, a trade secret can be protected in perpetuity. Another method by which companies protect valuable information is by requiring employee to sign agreements promising not to compete with the employer after leaving the job. Such covenants are strictly scrutinized by courts, but generally, if they are reasonable in regard to time, scope and subject matter, they are enforceable. 4. TRADE SECRETS THE INCREASING IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS 1. Protecting Intellectual Property Rights. 2. Technology has led to increase awareness about the IP. 3. Some individuals and companies offer only knowledge. Thus, computer consultant, advertising agencies, Internet companies, and software implementers sell only brainpower. 4. Domain names and moving images are also be protected. 5. More than fifty percent of U.S. exports now depend on some form of intellectual property protection. 6. The rapidity with which information can be communicated through the Internet has led to increasing challenges in the field of intellectual property. 7. The most valuable assets a company owns are its Intellectual property assets Companies must act aggressively to protect these valuable assets from infringement (breaching, violation of law) or misuse by others. 8. The field of intellectual property law aims to protect the value of such investments.