Intellectual property

Slides:



Advertisements
Similar presentations
Intellectual Property and the Ownership of Research 6 June 2007 Professor Fiona Macmillan.
Advertisements

Intellectual Property Patents Designs Copyright Trademarks.
Introduction to Copyright Principles © 2005 Patricia L. Bellia. May be reproduced, distributed or adapted for educational purposes only.
Peter D. Aufrichtig, Esq..  Intellectual Property clients look and sound like all other clients.
Intellectual Property Ronan Fitzpatrick School of Computing, Dublin Institute of Technology. September 2008.
Chapter 7.5 Intellectual Property Content, Law and Practice.
Copyright vs. trademark
INTRODUCTION TO INTELLECTUAL PROPERTY LAW Professor Fischer Class 1: Introduction August 20, 2009.
Copyright Act 1957 of India Prof.S.G.Isave, Tilak College of Education, Pune-30 India.
S P O O R & F I S H E R ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN SOUTH AFRICA: THE COUNTERFEIT GOODS ACT Mohamed Khader Spoor & Fisher November 2005.
Chapter 25 Intellectual Property Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written.
A2 Technology Product Design Systems and Control Notes DT4 - Exam.
Copyright Licenses at VUW Copyright ©2004 Stephen Marshall distributed under the terms of the GNU Free Documentation License (
I DENTIFYING AND P ROTECTING I NTELLECTUAL P ROPERTY Tyson Benson
By Richard A. Mann & Barry S. Roberts
Warm Up What do you think a patent is?.
Invention & Innovation ENT 12. An Invention Invention  An Invention is the creation of something new  An Inventor “comes upon” a new idea  Some Inventions.
Protecting your product What is Intellectual Property (IP)? Legal rights that result from intellectual activity in the industrial, scientific, literary.
Intellectual Property. Copyright The right to copy or reproduce a created work –federal legislation gives this right to author or owner and controls infringements.
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY Objective Intellectual Property Defined A product resulting from human creativity, an original work fixed in a tangible medium.
 Copyright is the right of the creator of a work to control how that work is used.  The copyright holder may grant licences to certain people to use.
PROTECTING YOUR IP RIGHTS Waldo Steyn, Senior Associate, Intellectual Property December 2012.
Intellectual Property Laws and Fair Use Guidelines for Educational Multimedia.
Intellectual Property What’s legal?. Discuss Terms  intellectual property, plagiarism, copyright-patent-trademark, public domain, fair use  piracy,
From Article I, Section 8 of the U.S. Constitution: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors.
Invention &Innovation Protecting Your Ideas!. An Invention  An Invention is the creation of something new  An Inventor “comes upon” a new idea  Some.
 Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.
Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 8 Intellectual.
2.02 Interpret legal issues pertaining to sports and entertainment management.
Chapter 10 Intellectual Property Rights Twomey, Business Law and the Regulatory Environment (14th Ed.)
Building Brand Recognition Through INTELLECTUAL PROPERTY Protections Libby Busdicker.
W ELCOME Topic: Intellectual Property. D EFINITION Intellectual property includes ideas, discoveries, writings, works of art, software, collections and.
Intellectual Property Law Introduction Victor H. Bouganim WCL, American University.
Ignite Technology Transfer Office INTELLECTUAL PROPERTY RIGHTS Lily O’Brien IP & Commercialization Contracts Manager Ignite Technology Transfer Office.
An Overview of Intellectual Property by John Slaughter September 26, 2009 © John Slaughter All Rights Reserved.
Intellectual Property. An original (creative) work, invention or information protected by law through a trademark, patent, copyright or trade secret.
IP and the working archive Issues arising from the use of Mass Observation Elizabeth Dunn Gaby Hardwicke - Solicitors & Trade Mark Attorneys.
1 Intellectual Property Rights David Worrall – Legal Department.
Intellectual Property (IP) Basic Facts. Intellectual Property (IP) Gives legal recognition to the ownership of new ideas or brand names and gives the.
Intellectual property (IP) - What is it?. Intellectual property (IP) Refers to creations of the mind, such as inventions; literary and artistic works;
Intellectual Property. An original (creative) work, invention or information protected by law through a trademark, patent, copyright or trade secret.
Protecting Innovation
An introduction to Intellectual property protection TG © Copyright by Stevens Institute of Technology.
Protecting Business Ideas Intellectual Property. General term for assets that have been created by human ingenuity or creativity e.g. music, writing,
WHAT IS COPYRIGHT? A right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematographic films.
Intellectual Property and the Ownership of Research
Professional Engineering Practice
Intro to Intellectual Property 3.0
Essentials of the legal environment today, 5e
How many of the following companies can you identify in 1 minute?
Technology Management Activities and Tools
Intellectual Property and Cyber Piracy
Handout 2: Data Protection and Copyright
Intellectual Property, Patents, Trademarks, Copyright, and Franchising
Intellectual Property
INTELECTUAL PROPERTY RIGHTS
U. S. Copyright Basics.
TORTS RELATING TO INCORPOREAL PROPERTIES
Copyright Media law.
Copy Right Act, 1957.
Legal challenges facing franchising in Kenya
Chapter 9 Internet Law and Intellectual Property
Patents, Trademarks, and Copyrights
Intellectual Property Patents, Trademarks and Copyrights
TOPIC 2 :: Legal issues- Copywrites, trademark and patents::
Protecting Your Idea.
Protecting your product
Trademark, Patent, or Copyright?
Intellectual Property Considerations in Forming and Scaling a Business
Presentation transcript:

Intellectual property Business law

Patent law Patent allows protection to the inventor for a period provided disclosure of invention made Patents Act 57 of 1978 Incentive theory – patent rewards service & promotes research Disclosure theory – knowledge must be publicised to advance technology

Requirements for patent Intrinsic characteristics – an invention involves an inventive step for use in trade, industry or agriculture. See what cannot be patented Extrinsic characteristics – must be novel, involves an inventive step, must be useful (utility)

Patent protection Patent lasts for 20 years – after first three years renewal fees to be paid every three years Patent gives inventor right to the profit/advantage accruing from the invention & excludes others from enjoying any rights arising from the invention Can obtain interdict and/or damages to protect holder of the patent

Copyright Copyright in SA governed by Copyright Act 98 of 1978 Copyright arises automatically – no need to register Copyright symbol © is merely an indication or confirmation that author has asserted his copyright

What works are protected? (Sec 2) Literary works e.g. books and written composition novels. Musical works e.g. songs. Artistic works e.g. paintings and drawings. Cinematograph films e.g. movies, DVD’s Sound recordings. e.g. CD’s, mp3’s Broadcasts e.g. broadcasting of films or music. Programme-carrying signals e.g. programme-carrying signal that has been transmitted by satellite. Published editions e.g. first print by whatever process. Computer programs.

Requirements for copyright Reduced to physical or material form Originality Some evidence of skill or labour Propriety Author must be a qualified person

Who is a qualified person?

Duration of copyright The duration of copyright is relatively long and the term is different for different categories of works. For example: for literary, musical or artistic works other than photographs, the term is the life of the author plus 50 years from the end of the year in which the author dies; for cinematograph films, photographs and computer programs, the term is 50 years from the end of the year in which the work is made available to the public or is made (where no publication takes place); in the case of sound recordings and published editions, the term is 50 years from the end of the year in which the recording or edition is first published

Who owns the copyright in a work? Generally, ownership will vest in the author (Sec 21(1)(a), but If literary or artistic work made by an author employed by newspaper or magazine – copyright vests in owner of paper/magazine If work especially commissioned in return for payment – ownership vests in person commissioning If work authored in course and scope of employment – ownership vests in employer

When is copyright infringed? Copyright in a work is infringed by any person who, without the authorisation of the owner, does any of the acts reserved for the owner, eg makes a reproduction of the work. Copyright infringed by any person who, without the authority of the copyright owner, imports, sells, lets, by way of trade offers or exposes for sale or hire, or distributes for purposes of trade, an article in the Republic if he/she knew that the making of the article constituted an infringement of copyright or would have constituted an infringement if made in SA; or Copyright infringed by any person who permits a place of entertainment to be used for a public performance of a literary or musical work, where the performance constitutes an infringement of copyright, unless the person was not aware and had no reasonable grounds to suspect that the performance was an infringement section.

trademarks A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another Can be a slogan – eg: Nike – Just do it Can be a brand name – eg: Coke Can be a mark or logo or shape – eg: Shape of coke glass bottle or Nike “Swoosh” logo

Types of trade mark Collective trade mark – distinguishes goods and services of association members from non members Certification trade mark – distinguishes goods and services in respect of quality, quantity, value, purpose, origin, mode of production from goods that are not certified

Trademarks Common law protects trade marks Trade Marks Act 194 of 1993 allows for registration of trade marks which gives additional protection Duration of a trade mark is 10 years but can be renewed Certain things cannot be registered as marks (see pg 227)

Infringement of a trade mark Unauthorised use of identical or similar mark so as to deceive or cause confusion Unauthorised use of identical or similar mark that creates likelihood of deception or confusion Unauthorised use of identical or similar mark so as to take unfair advantage of the registered mark Remedies include interdict, damages & an order to remove infringing mark

Industrial design Designs Act 195 of 1993 allows for registration of a functional or aesthetic design Aesthetic design – design applied for the look (aesthetic value) – must be a new and original design – if registered, protected for 15 years Functional design – design applied for the features necessitated by the function – must be new & not commonplace – if registered, protected for 10 years Functional design would include circuit diagrams etc