Intellectual
Property
Topic 8
Learning objectives
To explain the functions of WIPO and MyIPO.
To discuss the IP Legislation in Malaysia.
To discuss the licensing of IP Rights.
What is Intellectual property (IP)
Intellectual
Property ? refers to creations of the
mind: inventions, literary and
artistic works, and symbols,
names, images, and designs
used in commerce.
IP can be divided
into three main
types:
Industrial property-
Categories
invention (patents),
of IP industrial design, and
trademarks
Copyright- literary and
artistic works
Others IP – trade secret
and geographical
indications.
What is ip rights?
Governments grant IP rights
and give the owner the
exclusive right to use their IP
in certain ways for a limited
period.
This allows them to earn
money from their
investment and protect
their work from
unauthorized use.
wipo
The World Intellectual Property Organization (WIPO) is
one of 16 specialized agencies in the United Nations system of
organizations.
WIPO administers 23 treaties dealing with different aspects of
intellectual property protection on behalf of its 179 member
nations.
Because each country grants different intellectual property
rights and enforces them in various ways, intellectual property
laws sometimes interfere with international trade relations.
WIPO works with intergovernmental groups such as the World
Trade Organization (WTO) to create mechanisms for
intellectual property protection and enforcement that will
minimize these problems.
Cont…
The World Intellectual Property Organization - referred to in
abbreviated form as "WIPO" in English, and "OMPI" in French and
Spanish - was established by a convention signed at Stockholm on July
14, 1967, and entitled "Convention Establishing the World Intellectual
Property Organization."
The WIPO Convention entered into force in 1970.
The origins of what is now WIPO go back to 1883 when the Paris
Convention for the Protection of Industrial Property was adopted and
to 1886 when the Berne Convention for the Protection of Literary and
Artistic Works was adopted.
WIPO became a specialized agency in the United Nations system of
organizations in 1974.
the Intellectual Property
Corporation of Malaysia
Also known as MyIPO is
responsible for the development
and management of the
intellectual property system in
Malaysia.
It administers and enforces
intellectual property legislation
The agency is placed under the
Ministry of Domestic Trade, Co-
operative and Consumerism
Patent Acts 291 (1983)
(Amendments & Regulations)
Trade Mark Acts 175 (1976)
(Amendments & Regulations)
IP legislation Industrial Design Acts 552 (1996)
(Amendments & Regulations)
in Malaysia
Copyright Acts 332 (1987)
(Amendments & Regulations)
Geographical Indications Acts 602
(2000) (Amendments &
Regulations)
IC Layout Design Acts 601
(2000)
Patents & Utility Innovation
The word patent originates from the Latin patere, which
means "to lay open" (i.e., to make available for public
inspection).
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.
A patent is a right granted by the sovereign state to an
inventor “to exclude others from making, using, offering
for sale, or selling the invention or importing the invention
into the State” for a limited time in exchange for public
disclosure of the invention.
Period of Protection
A patent is protected 20 years from the date of filing.
PATENTABLE INVENTIONS
New, which means that the invention has not been
publicly disclosed in any form, anywhere in the world;
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
Industrially applicable, meaning it can be mass
produced.
Non-Patentable Inventions
Discoveries, scientific theories and mathematical
methods;
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;
Schemes, rules or methods for doing business, performing
purely mental acts or playing games;
Methods for the treatment of human or animal body by
surgery or therapy, and diagnostic methods practiced on
the human or animal body.
Utility innovation
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.
Target Group: Local individual inventors
Students
Local SMEs
Period of Protection
A utility innovation is protected 10 + 5 + 5 years from
the date of filing subject to use.
Device for Moistening the Adhesive Coating on
Postage Stamps and Envelopes (1981)
Do you like sending handwritten
letters but dislike the taste of
envelope and postage stamp glue? In
1981, Donald B. Poynter patented a
solution: “an apparatus for moistening
the adhesive coating on a postage
stamp, envelope or the like”. The
device features a plunger that lifts “an
absorbant applicator from the liquid
and passes the applicator through an
opening in the side of the enclosure”.
And, of course, function meets form
for this device: “the applicator may be
in the form of a human tongue and the
closure may be in the form of a human
lip”. Now that’s a clever hack!
TV Control Device (1976)
This TV control device, patented
by Chris Michaels in 1976, allows
you to change channels, adjust
volume and more from the comfort
of your sofa. Resembling a pool
cue, the rod is of “variable
adjustable length” and
“considerably less expensive than
its electrical and electronic
counterparts, and functions
efficiently” – the patent explains.
And it’s for sure easier to find than
a misplaced classic remote control.
Copyright
Copyright is a protection given to authors, copyright
owner and performer of their copyright work and
performances as prescribe under the Copyright Act
1987.
The owner has 3 Rights
Legal Rights
Economic Rights
Moral Rights – Paternity and Integrity Rights.
The Legal Rights Of Copyright
Owners
Generally, owners of copyright works in literary,
musical or artistic works, films and sound recordings
have the exclusive rights to control:
the reproduction of the works in any form (including
photocopying, recording etc);
the performing, showing or playing to the public;
the communication to the public;
the distribution of copies to the public by sale or other
transfer of ownership; and
the commercial rental to the public.
protection
Works eligible for protection are;
literary works;
musical works;
artistic works;
films;
sound recordings;
broadcasts; and
derivative works
How long does copyright last?
Literary, Musical or Artistic Works
Generally, this categories of copyright work reflects to the human beings
which shall subsist during the life of the author plus 50 years after his
death.
Film, Sound Recordings and Performer
This categories of copyright work shall subsist for 50 years from the work
was published, fixed in a fixation for the film and sound recording. For
performer, the copyright work shall subsist from the performances was
perform or fixation in a sound recording.
Broadcasts
For the copyright in broadcasts, it protection occurred in way of
transmission either by wire or wireless means, the period for fifty years
shall be computed from the which the broadcasts was first made.
Advantages of Copyrights
Registration allows a copyright holder to sue an infringer in federal
court, an option that is not available to copyright holders that have
not registered.
It serves as an automatic indication that the registrant is the actual
owner of the copyright, making it the infringer's responsibility to
prove differently.
It enables the copyright holder to sue an infringer for statutory
damages so that he doesn't have to prove that the infringer's use of
the work actually damaged him.
Finally, registration provides notice to the world of the copyright
holder's claim of rights, preventing an infringer from claiming that he
used the work innocently, without knowledge of the creator's existing
interests.
The Disadvantages of Copyrights
The need to complete a registration takes time and
costs money.
Theoretically, some activists think copyrights stifle
the creative landscape, preventing people from
taking works and using them to make new works that
will further contribute to society.
Copyrights
25
Trademark
It is usually reported that blacksmiths who made swords in the
Roman Empire are thought of as being the first users of
trademarks.
A trademark ("mark") is a word or words, or symbol or graphic
design, or combinations of these elements that designate the
source of products (goods) – it’s a brand name or logo.
Trademarks are displayed on the products and/or the
packaging. A service mark is a mark used for services.
Trademark rights provide protection against unauthorized use
of a confusingly similar mark.
FUNCTIONS OF TRADE MARK
Origin Function - A trade mark helps to identify the source and
those responsible for the products and services sold in the
market.
Choice Function - A trade mark enables consumers to choose
goods and services with ease while shopping.
Quality Function - Consumers choose a particular trade mark
for its known quality.
Marketing Function - Trade marks play an important role in
advertising. Its normal for consumers to make purchases based
on continuous influence of advertising.
Economic Function - Established trade mark is a valuable asset.
Trade marks may be licensed or franchised.
Importance of Trade Mark
Registration
Exclusive Rights - Registered trade marks owners have
exclusive right to use their marks in trading. They also have the
rights to take legal action for infringement under the Trade
Mark Law against others who use their marks without consent.
They can either take civil action or lodge complaints to
Enforcement Division for appropriate actions under the Trade
Description Act 1972 (M’sia Law).
Legal Evidence - Registration certificate issued by Registrar
Office is a prima facie evidence of trade mark ownership. A
certificate of registration serves as an important document to
establish the ownership of goods exported to other countries.
DURATION OF
REGISTRATION
Trade mark registration is valid for ten years from the
date of application and may be renewed every ten
years.
Acceptable and unacceptable
trade marks
Trade mark Why is it acceptable
This is an invented word, arguably the most distinctive of
FARNOOZ
all trade marks
This trade mark includes the invented word "emarno".
Although the word "windows" is totally descriptive of
emarno
goods and services relating to windows the word "emarno"
WINDOWS
is totally distinctive and this results in an acceptable trade
mark
Danryvol Another invented word
Although this mark consists of two well known words the
Herringbone word "Herringbone" is acceptable for financial services.
Finance However, the word "Herringbone" would not be acceptable
for e.g. textiles because it is a type of pattern.
Cont…
Trademarks
32
Conventional Barrow The Ballbarrow
Industrial Designs
Industrial design
An industrial design is the ornamental or aesthetic
aspect of an article.
The design may consist of three-dimensional features
such as the shape and configuration of an article, or
two-dimensional features, such as pattern and
ornamentation.
The design features must be applied to an article by
any industrial process or means of which the features
in the finished article appeal to eye.
Protection & duration
A registered industrial design confers the owner of a
registered design the exclusive right to make, import or
sell or hire out any article to which the design has been
applied. Other users should obtain the consent of the
rightful owner before using the design.
A registered industrial design is given an initial protection
period of 5 years from the date of filing and is extendable
for a further four consecutive terms of 5 years each. The
maximum protection period is 25 years.
Pattern and Ornamentation (2D)
Shape and Configuration (3D)
COCA COLA series of collection –
Industrial designs evolution
GEOGRAPHICAL INDICATIONS
"Geographical indications" is an indication which
identifies any goods as originating in a country or
territory, or a region or locality in that country or
territory, where a given quality, reputation or other
characteristic of the goods is essentially attributable
to their geographical origin.
Geographical indications can be used on natural or
agricultural product or any product of handicraft or
industry.
PERIOD OF PROTECTION
A registered geographical indication is given ten
years of protection from the date of filling and is
renewable for every ten years.
No. Geographical Indication No. Geographical Indication
1 Sarawak Pepper 31 Kain Songket Melaka
2 Sabah Tea 32 Isau Sarawak
3 Borneo Virgin Coconut Oil 33 Durian Nyekak Sarawak
4 Tenom Coffee 34 Ikan Terubok Mulut Besar Sarawak
5 Sabah Seaweed 35 Bentong Ginger
6 Bario Rice 36 Keningau Cinnamon
7 Buah Limau Bali Sungai Gedung 37 Tuhau Tambunan
8 Pisco 38 Sabah Batik
9 Scotch Whisky 39 Kelarai, Ulu Tomani Tenom
10 Sarawak Beras Biris 40 Batik Terengganu
11 Sarawak Beras Bajong 41 Tembaga Ladang
12 Kuih Lidah Kampung Berundong Papar 42 Ukiran Kayu Besut
13 Tambunan Ginger 43 Keropok Losong
14 Sarawak Sour Eggplant 44 Keropok Lekor Terengganu
15 Sarawak Layered Cake 45 Pulau Duyong Boat
16 Sarawak Dabai 46 Nasi Dagang Terengganu
17 Cognac 47 Malaysia Durian Musang King
18 Parmigiano Reggiano 48 Belacan Sibuti
19 Langkawi Cheese 49 Buah Tarap, Sibuti (Buah Lomak)
20 Sarawak Litsea 50 Daun Sabong, Sibuti (Daun Bagok)
21 Perlis Harumanis Mango 51 Timun Dayak Sibuti
22 Champagne 52 Sarawak Midin
23 Belacan Bintulu 53 Kuih Cincin Kampung Melugus Papar
24 Sesar Unjur Sarawak 54 Barolo
25 Umai Sarawak 55 Tequila
26 Tenun Pahang Diraja
27 Biskut Dan San Sungai Lembing
28 Kacang Goreng Sempalit
29 Gaharu Gopeng
30 Terengganu Songket
Layout-Design Of An Integrated
Circuit
A layout-design of an integrated circuit is the three-
dimensional disposition of the elements of an integrated circuit
and some or all of the interconnections of the integrated circuit
or such three-dimensional disposition prepared for an
integrated circuit intended for manufacture.
An integrated circuit (IC), sometimes called a chip or
microchip, is a semiconductor wafer on which thousands or
millions of tiny resistors, capacitors, and transistors are
fabricated.
An IC can function as an amplifier, oscillator, timer, counter,
computer memory, or microprocessor.
Licensing Intellectual Property
Right
You can allow others to use it in some way in return
for some payment ( a license) or sell the IPR.
Licensing IPR can have a number of benefits:
1. Reduce or eliminates production and distribution
costs and risks.
2. Reach a larger market.
3. Exploit in other application.
4. Establish standards.
Cont…
1. Gain access to complementary technology.
2. Block competing developments
3. Convert competitor into defender.
The END