Title: Intellectual property Date: 17/10/2019 Template: slidy Status: draft Tags: resource

17/10/2019

0. Intellectual property

the manifestation of ideas, creativity and invention in a tangible form

it is called property

Intellectual property is often discuss in the same terms as commercial or physical property because it can be considered an asset to your organisation"

0.1 The will to enforce

even if you already have a patent, trade mark or copyright, you must have the will and the resources to enforce the protection of these by taking somebody who is infringing one of these to the civil courts

  • This can be very expensive
  • Time consuming

↑ particularly if the infringement happens in another country

0.2 two types of intellectual property

  • registered
  • unregistered

1. types of registered intellectual property

  • patents
  • registered designs
  • registered trademarks
  • plant varieties

1.1 patents

Gives its holder, for a limited amount of time, the right to stop other from exploiting the invention. There are renewal fees to be paid to keep the patent operative.

1.1 what can be patented

Patent protection can be applied to a wide range of inventions such as appliances and mechanical devices, biological and chemical inventions and computer related inventions.

1.1 what can not be patented

Not all inventions qualify for the grant of a patent. The Irish Patents Act specifically excludes the following subjects from patentability:

  1. Discoveries and aesthetic creations:

    • A discovery, a scientific theory or a mathematical method;
    • An aesthetic creation;
    • A scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program; or
    • The presentation of information.

Although such subject matter or activities are not patentable, their use or application may be patentable.

For example, a scheme or method for playing a game is not patentable, but it is possible to obtain patent protection for a novel apparatus for playing a game.

Also, the exclusion from patentability of computer programs does not prevent the granting of patents for inventions involving the use of such programs, as long as a technical effect is achieved by its implementation.

1.1 Software

While it is not possible to obtain a patent on software per se, patents may be granted for inventions requiring the use of software to achieve their purpose. This, however, is conditional on the software having a “technical effect” when the programme is run. Such effect may, for example, be found in the control of an industrial process or in the internal functioning of the computer itself.

1.1 patent geography

Patents are territorial and give an exclusive right in the country where the patent has been granted as long as the patent is renewed each year through the payment of a renewal fee, e.g. an Irish patent is only valid in Ireland (Republic of Ireland only).

If you are seeking protection in other countries outside of Ireland, you can apply for a patent in that country. Alternatively, you can apply to the European Patent Office or use the Patent Co-operation Treaty system.

1.2 registered trade marks

Trade marks are any signs that can be represented graphically and are capable of distinguishing the goods or services of one business from those of another.

1.2 function of TM

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.

1.2 famous trade mark

1.2 graphical signs of TM

Registered trademarks can use the R symbol, whereas unregistered trademarks tend to use the TM symbol. The TM symbol could be described as a visual explanation of what a logo is.

in Unicode :

  • U+2122 ™ TRADE MARK SIGN.
  • U+24C7 Ⓡ CIRCLED LATIN CAPITAL LETTER R

1.3 registered designs

“Design” means the appearance of some or all of a product resulting from the features such as the lines, contours, colour, shape, texture or materials of the product itself or its ornamentation.

1.3 What is Registrable under a registered design ?


In order to be registrable a design must be new and have individual character:

New

A design is considered to be new if no identical design has been made available to the public before the date of filing of the application for registration or where priority is claimed, the date of priority.

Individual character

The requirement to have “individual character” is met if the overall impression produced by a design on an informed user differs from the overall impression produced on such a user by any earlier design which has been made available to the public.

Traditionally, protectable designs relate to manufactured products such as the shape of a shoe, the design of an earring or the ornamentation on a teapot. In the digital world, however, protection is gradually extending in some countries to a number of other products and types of design. These include electronic desktop icons generated by computer codes, typefaces, the graphic display on computer monitors and mobile telephones, among other things.

1.3 What cannot be registered?

Designs that relate to how a product functions or for parts that in normal use are not visible, or designs that are contrary to public policy or to accepted principles of morality or which constitute an infringement of a copyright work may not be registered. See The Industrial Designs Act, 2001 for further details.

2. types of un-registered ip

  • copyright
  • common law rights
  • design right
  • trade secrets (including know-how)

For example, as far as we know, it’s Piero Manzoni who came up with the idea that putting an up side-down plinth on the ground creates a pedestal for the world.

This idea is not protected; you can sculpt an up side-down plinth yourself. The thing you can not do is make exactly the same pedestal Manzoni did.

Dj Shadow’s Endtroducing (2006)

2.1 applying licenses — creative commons

https://creativecommons.org/