16 Intellectual Property © Oxford University Press, 2007. All rights reserved.

Slides:

Advertisements

Similar presentations

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

Advertisements

1 Overview of Intellectual Property Leanne Wiseman Senior Lecturer Faculty of Law QUT.

Adapted from David G Kay -- SIGCSE 2003 Intellectual Property.

Intellectual Property An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. Intellectual.

Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.

P A R T P A R T Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business.

Chapter 5 Intellectual Property & Internet Law

3-1 Patent, Trademark, and Copyright Patent, trademark, service marks, and copyrights provide a mean to promote new ideas and inventions and at the same.

This is the prescribed textbook for your course.

Intellectual Property and Internet Law

Protecting Your Idea Stephen R. Cook, Esq. Assistant Clinical Professor of Law University of Akron School of Law University of Akron School of Law

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.

Copyright. US Constitution Article I – Section 8 Congress shall have the power to promote the Progress of Science and useful Arts, by securing for limited.

Copyright, Trademark, and Patent Laws By: Chelsey Crawford and Jakia Clark.

MSE602 ENGINEERING INNOVATION MANAGEMENT

I DENTIFYING AND P ROTECTING I NTELLECTUAL P ROPERTY Tyson Benson

Overview of IP Protection Mechanisms in the United States Presented by: Daniel Waymel UT Dallas – August 2013.

2011 Industry Sponsored Research Workshop INTELLECTUAL PROPERTY Michael Jaremchuk Associate Director CVIP Phone: FAX:

Introduction to IP Ellen Monson Director Intellectual Property Office University of Cincinnati.

By Richard A. Mann & Barry S. Roberts

Intellectual Property and Entrepreneurship Presented at IEEE/ComSoc, Boston Section June 2, 2011 George Jakobsche For additional information, see accompanying.

Copyright Basics. Intellectual Property Intellectual Property is a unique product or idea created by an individual or organization. Common types of protection.

Chapter 17-Intellectual Property Protection Intellectual Property Rights  There are various forms of Intellectual property rights (IP rights) and they.

Chapter 08.  Describes property that is developed through an intellectual and creative process  Inventions, writings, trademarks that are a business’s.

INTELLECTUAL PROPERTY

Class Seven: Intellectual Property Patents, Trademarks and Copyrights.

Fundamentals of Business Law Summarized Cases, 8 th Ed., and Excerpted Cases, 2 nd Ed. ROGER LeROY MILLER Institute for University Studies Arlington, Texas.

Jump to first page (C) 1998, Arun Lakhotia 1 Intellectual Property Arun Lakhotia University of Southwestern Louisiana Po Box Lafayette, LA 70504,

McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 24 Intellectual Property.

Intellectual Property Chapter 5. Intellectual Property Property resulting from intellectual, creative processes—the products of an individual’s mind.

INTELLECTUAL PROPERTY Objective Intellectual Property Defined A product resulting from human creativity, an original work fixed in a tangible medium.

© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 5 Intellectual Property.

The Basics of Intellectual Property Law Understanding IP by A. David Spevack, Office of Naval Research.

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.

Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 8 Intellectual.

Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst appears behind the blue triangles,

© 2008 International Intellectual Property June 16, 2009 Class 2 Introduction to Patents.

Copyright and Intellectual Property Right 1. 2 Use and Protection of Intellectual Property in Online Business Intellectual property (general term) includes:

Chapter 10 Intellectual Property Rights Twomey, Business Law and the Regulatory Environment (14th Ed.)

Intellectual Property Law Introduction Victor H. Bouganim WCL, American University.

Essentials Of Business Law Chapter 25 Intellectual Property McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.

Fundamentals of Intellectual Property

An Overview of Intellectual Property by John Slaughter September 26, 2009 © John Slaughter All Rights Reserved.

Slide Set Eleven: Intellectual Property Patents, Trademarks and Copyrights 1.

Copyright, Intellectual Property, and Privacy 1 Lesson Plan: BMM A9-4.

Intellectual Property. An original (creative) work, invention or information protected by law through a trademark, patent, copyright or trade secret.

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, music, movies, symbols, names, images, and designs.

IP and the working archive Issues arising from the use of Mass Observation Elizabeth Dunn Gaby Hardwicke - Solicitors & Trade Mark Attorneys.

Patent Process and Patent Search 6a Foundations of Technology Standard 3: Students will develop an understanding of the relationships among technologies.

Entrepreneurship CHAPTER 8 SECTION 1.  When you develop a new product or service, you create an asset that must be protected.  Intellectual property.

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.

INTELECTUAL PROPERTY RIGHTS

Intro to Intellectual Property 3.0

Essentials of the legal environment today, 5e

Chapter 06: LEGAL ISSUES FOR THE ENTREPRENEUR

Intellectual Property and Cyber Piracy

Intellectual Property

Introduction Intellectual property includes the application of property in the areas of trade secrets, patents, trademarks, and copyrights.

IP Protection under the WTO

Intellectual property

INTELLECTUAL PROPERTY AND CYBER PIRACY

Chapter 9 Internet Law and Intellectual Property

Computer ethics in computer science curriculum

The Legal Environment Key legal issues in international business

Overview of IP Protection Mechanisms in the United States

What You Didn’t Know That You Didn’t Know About Patents

Presentation transcript:

16 Intellectual Property © Oxford University Press, All rights reserved.

Intellectual Property Learning Objectives: Understand what is intellectual property; Explain what is meant by the term copyright; Understand how copyright may be infringed; Explain how a trademark operates; Describe the patent application process; Understand the law on registered designs.

Intellectual Property cont... Copyright: What is it? Copyright is one of the most common forms of intellectual property right and is created when a person or entity produces an “original work”. Originality No formal registration process Duration:- Life of the author plus 70 years.

Intellectual Property cont... Copyright Infringement: How does it occur? Can be either direct or indirect. Substantial reproduction of the work Test of objective similarity: Hart v Edwards Hot Water Systems (1985) 61 ALR 251.

Intellectual Property cont… Television broadcasts Channel 10 v Channel 9 (“the Panel Case”) High Court held that copyright does not subsist in each individual image and copying an individual image or frame could not constitute a substantial taking for the purposes of infringement.

Intellectual Property cont... Copyright Defences: What is available & how do they apply? fair dealing for the purpose of research and study (s.40 Copyright Act); fair dealing for the purpose of criticism or review (s.41 Copyright Act); and fair dealing for the purpose of news and reporting (s.42 Copyright Act).

Intellectual Property cont... Trade Marks What is a Trade Mark? The main elements of a trade mark include a sign that is in use or intended to be used and is capable of distinguishing goods or services. Key test of “distinctiveness”.

Intellectual Property cont... How does one obtain a Trade Mark? Registering a trade mark involves a number of steps as outlined in the following diagram.

Intellectual Property cont... How is a Trade Mark infringed? Direct Infringement:- 120(1) Indirect Infringement:- Section 120(2) Well-known Trade Marks:- Section 120(3)

Intellectual Property cont... Patents What is a patent? A patent provides the most exclusive form of intellectual property and are given to inventors who satisfy the following conditions:- a manner of manufacture; novelty; inventive step; utility; and be not in secret use.

Intellectual Property cont... Test of patentable invention. The threshold test has been interpreted to mean that subject matter of the patent must not already exist or be so obvious to a person skilled in the relevant field or art.

Intellectual Property cont... How is a patent infringed? S.17 Patents Act supply or sale of infringing material, importation and trafficking, use of subject matter without the consent of the patent holder and making infringing copies.

Intellectual Property cont... What Defences are available? Limited defences are available for an action of patent infringement:- use of invention in foreign vessels, aircrafts and prior use: s innocent infringement: s.123.

Intellectual Property cont... Designs What is a registered design? Designs Act 2003 (Cth) streamline the application and registration process for registered designs; single design or multiple designs in a single application consistent enforcement and dispute resolution procedures registration period reduced from 16 years to 10 years.

Intellectual Property cont... How does one register a design? Test of new and distinctiveness; Designs Registrar Formalities Check; Registration Details contained in Register Certificate of Registration