Intellectual Capital Intellectual Property

Scandia IC Model

Agenda 1) Copyright 2) Related Rights 3) Patents 4) Industrial designs 5) Trademarks 6) Protection against unfair competition 7) Geographic indicator 8) IP in Thailand

What is Intellectual Property? Intellectual property (IP) is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law. Intellectual property (IP) means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. Raysman, Edward Pisacreta and Kenneth, 1999 WIPO Intellectual Property Handbook: Policy, Law and Use

The Convention Establishing the World Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967 (Article 2(viii)) provides that “intellectual property shall include rights relating to: - literary, artistic and scientific works, - performances of performing artists, phonograms and broadcasts, - inventions in all fields of human endeavor, - scientific discoveries, - industrial designs, - trademarks, service marks and commercial names and designations, - protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

Why do Intellectual Property Rights Matter? Benefit for the person putting in the work of intellectual creation. Encourage endeavors and industries to create intellectual creation based on such work can grow and bring financial return.

The reason for States to enact national legislation, to either regional or international treaties governing intellectual property rights include: • to provide incentive towards various creative endeavors of the mind by offering protections; • to give such creators official recognition; • to create repositories of vital information; • to facilitate the growth of both domestic industry or culture, and international trade, through the treaties offering multi-lateral protection.

Intellectual property is usually dealt with under the following main headings: 1) Copyright:Literary, artistic and scientific works e.g. books, magazine. 2) Related Rights: Performances, broadcasts e.g. concerts. 3) Patents: Inventions: e.g. a new form of jet engine. 4) Industrial designs e.g. the shape of a soft drinks bottle, new product design. 5) Trademarks: service marks and commercial names and designations e.g. logos or names for a product. 6) Protection against unfair competition:e.g. false claims against a competitor or imitating a competitor with a view to deceive the customer. 7) Geographic indicator: indicate the origin of the products with unique geographical origin, e.g. Champagne

Copy right

Copyright is a form of protection provided by the laws to the authors of “original works of authorship,” Copyright gives the author of an original work exclusive right for a certain time period in relation to that work.

History Copyright was invented after the advent of the printing press and with wider public literacy. Licensing Act of 1662 by Act of Parliament (England) established a register of licensed books The Statute of Anne (Copyright Act 1709, England) the first copyright law (vested book authors) The US. Copyright Act of 1790 securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years Berne Convention Implementation Act of 1886 International Protection of Literary and Artistic Works WIPO: World Intellectual Property Organization UN special agency Universal Copyright Convention

The Berne Convention (1886) [the oldest international convention governing copyright] states the following in its Article 2: “The expression 'literary and artistic works' shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatic-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works, to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science. “

Copy right Copyright is Generally, it is "the right to copy" a legal concept enacted by governments giving the creator of an original work of authorship exclusive rights to it, usually for a limited time, after which the work enters the public domain. Generally, it is "the right to copy"

Copyright in General right to copy right to be credited for the work, right to determine who may adapt the work to other forms right to determine who may perform the work right to determine who may financially benefit from it related rights

Subject Matter of Copyright Protection For a work to enjoy copyright protection, the work does not need to be new but it must be an original creation. The protection is independent of the quality or the value attaching to the work a good or a bad all count

Copyright Work Scope in General

Copyright work "Literary work" means any kind of literary work such as books, pamphlets, writings, printed matter, lectures, sermons, addresses, speeches, computer programs.

Copyright Works "Computer program" means instructions, a set of instructions or anything which is used with a computer to make the computer work or to generate a result no matter what the computer language is.

Copyright Works "Dramatic work" means a work with respect to choreography, dancing, acting or performance in dramatic arrangement, including pantomime.

Copyright Works "Artistic work" means work of painting or drawing, work of sculpture, work of lithography, work of architecture, photographic work, work of illustration, work of applied art.

Copyright Works "Musical work" means a work with respect to a song which is composed for playing or singing whether with rhythm and lyrics or rhythm only, including arranged and transcribed musical notes or musical diagrams.

Copyright Works "Audiovisual work" means a work which consists of a sequence of visual images recorded on any kind of material and which is capable of being replayed with equipment suitable for such medium, including the sound track of such work, if any.

Copyright Works "Cinematographic work" means an audiovisual work which consists of a sequence of visual images which can be continuously shown as moving pictures or can be recorded upon another material so as to be continuously shown as moving pictures, the sound track of such cinematographic work, if any.

Copyright Works "Sound recording" means a work which consists of a sequence of music, sounds of a performance or any other sound recorded on any kind of material and capable of being replayed with equipment suitable for such material, but not including the sound track of a cinematographic work or other audiovisual work.

Copyright Works "Performer" means a performer, musician, vocalist, choreographer, dancer or a person who acts, sings, speaks, dubs a translation or narrates or gives commentary or performs in accordance with a script or performs in any other manner.

Copyright Works "Broadcasting work" means a work which is communicated to the public by means of radio broadcasting, sound or video broadcasting on television or by any other similar means.

Copyright Works "Reproduction" includes any material method of copying, imitation, duplication, block-making, sound recording, video recording or sound and video recording from an original, a copy or a publication, whether in whole or in part, and, in the case of computer programs, means duplication or making copies of the program from any medium for a substantial part by any method, not creating a new work whether in whole or in part.

Copyright Works "Adaptation" means a reproduction by conversion, modification or emulation of an original work for a substantial part, not creating a new work whether in whole or in part

Copyright Works "communication to public" means making the work available to public by means of performing, lecturing, preaching, playing music, causing the perception by sound or image, constructing, distributing or by any other means.

Copyright Works "publication" means the distribution of duplicated copies of a work whatever may be the form of character with consent of the author where such copies are available to the public at a reasonable quantity having regard to the nature of the works

Copy right law Copyright law: part of the law which deals with the rights of intellectual creators. It is concerned with mass communication and virtually all forms and methods of public communication, not only printed publications but also such matters as sound and television broadcasting, films for public exhibition in cinemas, etc. and even computerized systems for the storage and retrieval of information.

Rights Comprised in Copyright The owner of copyright in a protected work may use the work as he wishes—but not without regard to the legally recognized rights and interests of others—and may exclude others from using it without his authorization. Therefore, the rights bestowed by law on the owner of copyright in a protected work are frequently described as “exclusive rights” to authorize others to use the protected work.

Rights Comprised in Copyright The original authors of works protected by copyright also have “moral rights”, in addition to their exclusive rights of an economic character. Most copyright laws define the acts in relation to a work which cannot be performed by persons other than the copyright owner Such acts, requiring the authorization of the copyright owner, copying or reproducing the work; performing the work in public; making a sound recording of the work; making a motion picture of the work; broadcasting the work; translating the work; adapting the work; moral rights

1. Right of copying or reproducing the work The right of the owner of copyright to prevent others from making copies of his works is the most basic right under copyright. Some laws include a right to authorize distribution of copies of works.

2. Performing Rights The right to control this act of public performance is of interest not only to the owners of copyright in works originally designed for public performance, but also to the owners of copyright, and to persons authorized by them, when others may wish to arrange the public performance of works originally intended to be used by being reproduced and published.

3. Recording Rights The right to authorize the making of a sound recording belongs to the owner of the copyright in the music and also to the owner of the copyright in the words. If the two owners are different, then, in the case of a sound recording incorporating both music and words, the maker of the sound recording must obtain the authorization of both owners.

4. Motion Picture Rights owners of copyright have the exclusive right of a drama originally written for performance by performers to an immediately present audience (“live performance”) can be visually recorded and shown to audiences far larger in numbers than those who can be present at the live performance; such audiences can see the motion picture far away from the place of live performance and at times much later than the live performance.

5. Broadcasting Rights A major category of acts restricted by copyright consists of the acts of broadcasting works and of communicating works to the public by means of wires or cables. The owners of copyright have the exclusive right of authorizing both the wireless broadcasting and the diffusion by cable of their works.

6. Translation Rights The acts of translating or of adapting a work protected by copyright require the authorization of the copyright owner. “Translation” means the expression of a work in a language other than that of the original version.

7. Adaptation Rights The acts of adapting a work protected by copyright require the authorization of the copyright owner. “Adaptation” is generally understood as the modification of a work from one type of work to another: for example adapting a novel so as to make a motion picture, or the modification of a work so as to make it suitable for different conditions of exploitation

8. Moral Rights The right to claim authorship of the work; the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would be prejudicial to the author’s honor or reputation. These rights, which are generally known as the moral rights of authors, are required to be independent of the usual economic rights and to remain with the author even after he has transferred his economic rights.

Term of right (international term)

What Is Not Protected by Copyright? • Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) • Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration • Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Copyright protection shall not extend to ideas Procedures processes systems methods of use operation Concepts Principles discoveries Scientific theories mathematical theories Ideas

Copyright protection shall not extend to (1) news of the day and facts having the character of mere information which is not a work in literary, scientific or artistic domain (2) constitution and legislations (3) regulations, by-laws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units (4) judicial decisions, orders, decisions and official reports (5) translation and collection of those in (1) to (4) made by the Ministries, Departments or any other government or local units