Intellectual Properties & Bioethics (DBB 20803) PDF

DBB 20803: INTELLECTUAL PROPERTIES & BIOETHICS Historical & Philosophical Background of Patents & Intellectual Properties Dr. Siti Junaidah binti Ahmad  Introduction What is an Intellectual Properties? ü Intellectual propert...

DBB 20803: INTELLECTUAL PROPERTIES & BIOETHICS Historical & Philosophical Background of Patents & Intellectual Properties Dr. Siti Junaidah binti Ahmad  Introduction What is an Intellectual Properties? ü Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. ü Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property : Trade Patents Copyrights Trademarks Secrets 2  Introduction (Cont.) What is Bioethics Discipline dealing with the ethical implications of biological research and the applications of that research. Deals with the questions relating to the appropriate use of new technologies. Examples of topic areas that have been the focus of bioethics : organ donation and transplantation, genetic research, death and dying, and environmental concerns The four prima facie principles are respect for autonomy, beneficence, non- maleficence, and justice 3 Intellectual Properties Intellectual property (IP) refers to: - Creations of the mind - Inventions - literary and artistic works - Symbols - Names - Images used in commerce  Intellectual Properties Intellectual property is divided into TWO categories : Ø Industrial Property Ø Copyright 5  Intellectual Properties Ø Industrial Property Industrial Property includes: - Patents for Inventions - Trademarks - Industrial Designs - Geographical Indications 6  Intellectual Properties Ø Copyright Copyright covers : - Literary works (such as novels, poems and plays) - Films - Music - Artistic works (e.g., drawings, paintings, photographs and sculptures) - Architectural design. 7  Intellectual Properties The importance of intellectual property was first recognized in the : Ø Paris Convention for the Protection of Industrial Property (1883). Ø Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO). 8  Why Promote and Protect Intellectual Property? There are several compelling reasons:- Ø First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture. Ø Second, the legal protection of new creations encourages the commitment of additional resources for further innovation. Ø Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. 9  Patents An intellectual property right granted by the government of a nation to an inventor that gives him or her the exclusive right to the invention for up to 20 years, in exchange for disclosing the details of the new technology to society for its ultimate benefit. 10  Copyright An intellectual property right granted by a government to the author of an original literary, dramatic, musical, artistic, or other eligible creative work. It gives the creator the exclusive right for a limited time to control how the work is published, reproduced, performed, or displayed. 11  Trademarks An intellectual property right granted by a government to an individual, business, or legal entity that creates and uses a distinctive word, name, symbol, or device to distinguish its products or services from those from any other entity in the marketplace. 12  Trade scerets A law that requires that the intellectual property to be protected, not publicly disclosed. 13  Differences of these IPs Patents Trademarks Copyrights Trade secrets Patents protect new, Trademarks protect Copyrights protect Trade secrets protect useful, and non-obvious source identifications, original textual works and valuable inventions (ideas!). An usually for brands, visual or artistic secret information like invention can be a device, slogans, logos, or designs expressions. ideas that must be kept a structure, process, (sometimes even scents confidential. Others to machinery, or colors). A trademark whom they are disclosed protection may extend to must also keep them perpetually. confidential. Similar to trademarks, trade secret protection may extend perpetually.  The History of Patents What are the origins of the patent system? Patent-like incentives first appeared in ancient Greece in 500 BC, and continued to spread throughout Europe through the 1700s. Early patent systems reinforced the wealth of elites instead of the welfare and productive capacity of the whole of society. ○ British patent application fees, for example, were more than 11 times the per capita income of the average citizen. This restricted innovation to a small sector of the population. 15  What Is the Rationale for Issuing a Patent? As the first country in the world to incorporate intellectual property rights in its national constitution, America’s founders viewed intellectual property rights as vital to the nation’s economic survival. ○ They consciously designed a patent system that would do what no patent system had ever done before — stimulate the inventive genius and entrepreneurial energy of the common man. 16  The Philosophy of Intellectual Property Ø The founder’s philosophy of the value of intellectual property rights can be explained with two justifications : Bargain Theory Natural Rights Theory 17 ØBargain Theory: In exchange for inventing something useful, society gives the inventor the exclusive right to his invention for a limited time, after which it goes into to the public domain and belongs to society. Ø Natural Rights Theory: Discusses the inventors’ inherent rights of property. In exchange for disclosing to the public the nature and details of the invention, the Constitution authorizes the government to enforce the inventor’s exclusive property right to that invention for a limited time. 18 What is the World Intellectual Property Organization? Established in 1970, the World Intellectual Property Organization (WIPO) is an international organization dedicated to helping ensure that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are therefore recognized and rewarded for their ingenuity. This international protection acts as a spur to human creativity, pushing back the limits of science and technology and enriching the world of literature and the arts. 19  Malaysia Intellectual Property (MyIPO) Ø Prior to 1983, intellectual property rights (IPR) in Malaysia was administered by Pejabat Cap Dagangan dan Jaminhak. This Office changed its name to Pejabat Cap Dagangan dan Paten in 1983 and was placed under the jurisdiction of the then Ministry of Trade and Industry. Ø On 27 October 1990, the Ministry was restructured and the Office was placed under the Ministry of Domestic Trade and Consumer Affairs which is now known as Ministry of Domestic Trade, Co-operative and Consumerism and changed its name to Intellectual Property Division. The Division was tasked to administer Patents Act 1983, Trade Marks Act 1976, and Copyright Act 1987. Ø The Industrial Designs Act 1996 came into force in 1999, followed by the Layout- Designs of Integrated Circuits Act 2000. In 2001, the Geographical Indications Act 2000 came into force. 20  Malaysia Intellectual Property (MyIPO) Ø To respond to the development of intellectual property at domestic and global levels, the Division was corporatized on 3 March 2003 and known as the Intellectual Property Corporation of Malaysia (PHIM),with the enforcement of the Intellectual Property Corporation of Malaysia Act 2002. The Corporation took an important first step of rebranding when the acronym PHIM became MyIPO on 3 March 2005 at the inaugural National Intellectual Property Day. 21 (MyIPO Objectives) 22  Definition of Patent A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. 23  Definition of Utility Innovation Ø A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent. 24  Patentable Inventions Ø New, which means that the invention has not been publicly disclosed in any form, anywhere in the world; Ø Involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and Ø Industrially applicable, meaning it can be mass produced. 25  Non-Patentable Inventions Ø Discoveries, scientific theories and mathematical methods; Ø Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro- organism processes; Ø Schemes, rules or methods for doing business, performing purely mental acts or playing games; Ø Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body. 26  Criteria for Patenting Ø Novelty A machine, manufacture, process, or composition of matter must not have been previously described or known. Ø Utility An invention must function as intended. Ø Non-Obviousness A patent requirement that ensures that the idea is new. 27 Two Categories for Patentable Inventions 28 Products 29 Processes 30 Non-Obviousness Hurdle Camera + Phone = Non-Obviousness 31 Plant & Design Patents Distinctiveness Ornamentality 32  The Patent Act provides two other types of patents, plant and design patents; requirements for plant and design patents are substantially the same as those for utility patents but instead of novelty, utility, and non-obviousness: ○ The criteria for plant patents are novelty, distinctiveness, and non-obviousness. ○ The criteria for design patents are novelty, ornamentality, and non-obviousness. Patentable inventions fall into one of two categories: products or processes. ○ You cannot patent ideas; the most important reason why one thing is patentable and another is not lies in the difference between ideas and applications. ○ You cannot patent mathematical formulas, a law of nature or a natural phenomena; they all exist independently of human intervention, making this knowledge freely available. 33  Importance of Patent Registration ØTo exploit the patented invention ØTo assign or transmit the patent ØTo conclude license contracts 34  Duration of Patent A patent is protected 20 years from the date of filing. Duration of Utility Innovation § A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use. 35  Who May Apply? Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company. 36 37