Introduction to Intellectual Property

Transcription

1 Introduction to Intellectual Property Patents, Copyrights and Trademarks Sheikha Nasser Al-Akhzami Innovation Affairs Department Sultan Qaboos University

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3 Reasons to protect IP 1. Give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. 2. Promote creativity and the dissemination and application of its results to encourage fair trading which will contribute to economic and social development.

4 World Intellectual Property Organization (WIPO) Is one of the specialized agencies of the United Nations system of organizations. Established in 1967 Tow branches of IP: Industrial Property Copyright

5 What are IP rights Literary, artistic and scientific works, Performances of performing artists, phonograms and broadcasts, Inventions in all fields of human endeavor, Scientific discoveries, Industrial designs, Trademarks, service marks and commercial names and designations, Protection against unfair competition,

6 Types of IP rights Patent Copyright Related Rights Trademarks Industrial Designs Trade Secrets Folklore and Traditional Knowledge Geographical Indication New Plants Varieties

7 Patent Is a document, issued upon application by a government or regional office, which describes an invention and creates legal situation in which the patented invention can only be exploited (manufactured, used, sold, imported) with the authorization of the owner. Any invention may relate to a product or a process. The protetion conferred by the patent is limited in time (20 years)

8 Conditions of patentability Must consist of patentable subject matter. Must be new (novel). Must exhibit a sufficient (inventive step). Must be industrially applicable (useful). Disclosure in the patent application must meet certain standards.

9 Exceptions to patentability Discoveries of materials or substances already existing in nature; Scientific theories or mathematical methods; Plants and animals other than microorganisms, and essentially biological processes for the production of plants and animals, other than non-biological and microbiological processes; Schemes, rules or methods, such as those for doing business, performing purely mental acts or playing games; Methods of treatment for humans or animals, or diagnostic methods. Any invention which is banned in Oman in order to protect the public order and morale.

10 Disclosure of an invention (Prior art) 1. Description of the invention in a published writing or publication in other forms; 2. Description of the invention in spoken words in public, includes lectures and radio broadcasts. oral disclosure ; 3. Use of the invention in public, or by putting the public in a position that enables them to use it. Can be by display, sale, demonstration, unrecorded broadcasts. disclosure by use.

11 Patent registration 1. Oman patent system is not activated yet. 2. GCC patent office take long time for patent examination. 3. Patent should be drafted carefully by specialized staff: not too narrow and not too broad 4. Recommend to register as PCT application in WIPO or as US patent.

12 Utility Model Inventions also protectable through registration under utility model or short-term patent. Requirements re less strict than patents, in particular in respect to inventive step. Fees are lower. Duration of protection is shorter (10 years).

13 Copyright law protects the forms of expression of ideas, not the ideas. It protects creativity in the choice and arrangement of words, musical notes, colors, shapes.. Protects the owner of the rights in artistic works against those who copy Must be an original creation, idea do not need to be new. Duration: life of the author/s and not less than 50 years after death of last author.

14 Subject matter of copyright literary works: novels, stories, poems, dramatic works and oral works; whether published or unpublished Musical works: songs, choruses, operas, musicals.. Artistic works: drawings, paintings, sculptures, architectural works Maps and technical drawings Photographic works Motion pictures: TV broadcasting, films, cartoons Computer programs Works of applied arts: jewelry, lamps, furniture

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16 Related Rights Rights granted to protect the: - Performers; - Producers of phonograms; - Broadcasting organizations. Assist intellectual creators to communicate their message and to disseminate their works to the public at large. Duration: life of the author/s and not less than 50 years after death of last author.

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18 Trade mark Service Mark Any sign made up of words, drawings, letters, colors, numbers, product shapes, pictures, geographical indications, sounds, scents, or flavors that is applied to a product or a service as a method to identify the source of that product

19 Trade mark The initial period for protection of a registered a trademark is 10 years, however, this period can be renewed indefinitely as long as the product is still in use.

20 Criteria of TM A trademark, in order to function, must be distinctive not descriptive. Apple for computers, Nawras for telecommuniction Must be distinguishable from trademarks of other goods or services in the same industry.

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22 Collective Mark Owned by an association which itself does not use the collective mark but whose members may use the collective mark; They may use the collective mark if they comply with the requirements fixed in the regulations concerning the use of the collective mark. Users of a collective mark form a club Example: Batinah farmers

23 Certification Mark Only be used in accordance with the defined standards. May be used by anybody who complies with the defined standards. Example: ISO2000.

24 Other Marks Audible Signs (Sound Marks): Two typical categories of sound marks can be distinguished, namely those that can be transcribed in musical notes or other symbols and others (e.g. the cry of an animal). Olfactory Marks (Smell Marks): Imagine that a company sells its goods (e.g. writing paper) with a certain fragrance and the consumer becomes accustomed to recognizing the goods by their smell. (Invisible) Signs: Examples of these are signs recognized by touch.

25 Cases The United States of America is the first country to have recognized the registrability of a smell mark fresh floral fragrance reminiscent of Plumeria blossoms for sewing thread and embroidery yarn TTAB(1990). In a decision in1999, the Board of Appeal of the Office for Harmonization in the Internal Market (Trademarks and Designs) of the European Community supported the registrability of the smell mark the smell of fresh cut grass for tennis balls.

26 Dilution of TM TM can be generic term used in dictionaries Select Kleenex Xerox Suntop Fridge Google

27 Industrial design 2 D

28 Industrial Design 3 D

29 Folklore & Traditional Knowledge

30 New Plant Varieties Geographical Indications (GI)

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32 Knowledge Economy Traditional Economy Knowledge Economy Tangible Assets Land, Factories, Equipments,..etc Intangible Assets Intellectual Property

33 Infringement of IP

34 BIO-PIRACY Cocoa Butter Biological Resources from: Ghana, Indonesia, Cameroon, Nigeria Product from: Holand and US

35 Basmati Rice Basmati VS Kasmati India produce more than 80% of rice Generically modified Rice from: Texas in US.

36 Triple Helix Model Government University Industry

37 Innovation Process REINVEST IN RESEARCH

38 Innovation Flow Research Centers SULTAN QABOOS UNIVERSITY Innovation Affairs Department Colleges Incubators Marketing Intellectual Property Science Park Student Initiative Support Innovation &Entrep. Society Other G overnment Units Cooperation Ministries The Research Council Industrial Innovation Center Ministry of Commerce & Industry Knowledge Oasis Muscat Industry 38

39 Benefits Free Patent Registration Associated with Firm for Patent Search & Patent Drafting Deciding on the Best option to protect & commercialize Ensure to Commercialize the Invention Take the IP beyond Exhibition and Competition.

40 Innovation Affairs Department Deanship of Research Extension: 5930/5927 s: