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Understanding Intellectual Property Rights

The document provides an overview of Intellectual Property (IP) rights, detailing the chain of activities involved in IP from creation to enforcement. It outlines various types of IP, including copyright, trademarks, patents, and industrial designs, and emphasizes the importance of IP protection for economic rights, commercial exploitation, and cultural development. Additionally, it discusses the legal framework governing IP, including relevant laws and international treaties, as well as the implications of IP infringement.

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9 views19 pages

Understanding Intellectual Property Rights

The document provides an overview of Intellectual Property (IP) rights, detailing the chain of activities involved in IP from creation to enforcement. It outlines various types of IP, including copyright, trademarks, patents, and industrial designs, and emphasizes the importance of IP protection for economic rights, commercial exploitation, and cultural development. Additionally, it discusses the legal framework governing IP, including relevant laws and international treaties, as well as the implications of IP infringement.

Uploaded by

fariafaisal42
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Overview of Intellectual Property

Rights
The Chain of Activities
• Creation
• Innovation
• Commercialization
• Protection
• Enforcement
Intellectual property
• Copyright
• Industrial Property
• [Link]
• b. Patent
• c. Industrial designs
• d. Confidential information
• E Geographical Indications
IP as intangible property
• Tangible property
• Land, houses, estates,car
• Intangible property
• -intellectual property
• Intangible wealth, easily appropriated and
reproduced,once created the marginal
cost of reproduction is negligible
The role of IP as intangible
property

• 1. economic rights of creators


• [Link] exploitation of owner of IP
• [Link] expenditure
• [Link] of technology
• [Link] development
Why IP protection is given
• Capital expenditure for new products
• R and D
• Marketing and advertisement
• No free loaders
• Maintaining loyal followers
• profit
IP as a property
• Can be sold
• Can be bought
• Can be lease or rent
• Can pass under a will
• Can be assigned
The Legal Framework for IP

• Three machinery of administration


• - the IP office
• - the external machinery
• - the court
Paris Convention
• Protection for industrial property
• Trade mark
• Patent
• Unfair competition
• Governed by domestic legislation
Patent Cooperation Treaty
• Making it easier to make paten application
• Designated country.
• International phase to national phase.
The Laws For Intellectual
Property Protection
• Copyright Act 1987
• Trademarks Act 1976
• Patent Act 1983
• Industrial Design Act 1996
• Geographical Indications Act 2000
• Law of Tort
• -passing-off
• Confidential information
Protection for Copyright
• Protection given by law for a term of
years to the composer, author etc… to
make copies of their work..
• Work include literary, artistic, musical,
films, sound recordings,broadcasts.
• Commercial and moral rights.
• No registration provision.
Protection for trade marks
• Commercial exploitation of a product
• To identify the product, giving it a name
• “mark” includes a device, brand, heading,
label, ticket, name, signature,word, letter,
numeral or any combination.
• Does not include sound or smell
Protection for patent
• Basic idea of granting a patent
• “ the applicant applied to the government
for the right of patent and in return for the
monopoly given he must disclose
everything about the invention in the
patent document”
• Duration 20 years.
Patent (cont.)
• Patent for invention
• Patent can be applied for a product or a
process.
• Patentable invention must be new,
involves an inventive step and industrially
applicable
• Priority date- first to file
The role of patent
• Innovation
• Anticipating the changes that is coming
• - Kodak
• - Polaroid
• - Haeir
Protection for industrial designs
• Protection for industrial designs that are
new or original
• Design are feature of shape, configuration,
pattern or ornament
• The design must be applied to an article
• The design must be applied by an
industrial process.
• Appeal to the eye.
IP infringement
• Primary infringement
• - who does or causes
• -making the product
• Secondary infringement
• - commercial activities
• - selling,distribution for sale etc
Secondary infringement
• sells,lets for hire or by way of trade
exposes or offer for sale or hire any
infringing copies.
• Distribute infringing copies.
• Importing into Malaysia

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