Intellectual Property

Alexander Zhuravlev

MSLU 2010

Contents

• Intellectual Property(IP)• Patent• Trademark• Copyright• Industrial design• IP system at a glance

What is Intellectual Property?

Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognised and the corresponding fields of law

"...the ownership of ideas and control over the tangible or virtual presentation of those ideas..."

Patents

A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.

New inventions or any new and useful improvement of an existing invention

1. Must be new2. Must not be obvious3. Must have a useful application

Should be Better or Cheaper or Different

Non-Patentable Subject Matter1.Mathematical formulae,algorithms2.Naturally occurring organisms3.Laws of nature4.Abstract ideas5.Natural phenomenon

What can you patent?

Using a doorlock as an example :

A Product: a doorlockA Composition: a chemical composition in lubricants for doorlocksAn Apparatus: a machine for making doorlocksA Process: a method for making doorlocks

… or an improvement on any of these

90% of patents are for improvements to

existing patented inventions

TrademarksA trademark or trade mark is a distinctive sign used by an individual or legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products from those of other entities

A trademark is designated by the following symbols:

™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)

℠ (for an unregistered service mark, that is, a mark used to promote or brand services)

® (for a registered trademark)

What can be Registered:• Name (e.g. Gillette) • Logo (e.g. Tick - Nike)• Slogan (e.g. Mr Kipling - 'Exceedingly Good Cakes) • Colour (e.g. Orange - Mobile phone & Easyjet) • Shape (e.g. Coke bottle) • Sound (e.g. Intel)• Domain Name (e.g. www.amazon.com)

CopyrightCopyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.

• Can be bought, sold or licensed • Lasts up to 70 years after the author’s death• Automatic right• Not registered• Cost is free

What does it Cover?

• Artistic Works (inc. engravings, photographs, Drawings)• Literary Works (inc. computer programs, song lyrics, newspaper articles, website content etc)• Dramatic Works (including dance or mime)• Musical Works (scores - written)• Layouts (used to publish a work, for a book)• Recordings (sound and film)• Broadcasts

Industrial design right

An Industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, combination of pattern and color in three dimensional form containing aesthetic value.

Features that appeal to the eye

• Design must be original• Can be two- or three-dimensional• Can be bought, sold, licensed• Don’t last forever – 25 years standard

Designs, such as those featured in these products, are known for their visual appeal.

The IP behind the BlackBerry

Patent

Patent CA 2508239

A display for a handheld computing device includes a display panel; a circuit board carrying display electronics for the display panel

Owner: RESEARCH IN MOTION LIMITED

Trade-mark

Trademark Registration TMA 638068

Wares/Services: Electronic handheld units

Registrant: RESEARCH IN MOTION LIMITED

Industrial Design Registration 125919

Title: Handheld Electronic Device

Registrant: RESEARCH IN

MOTION LIMITED

Industrial design

The Canadian IP system at a glance

Patents Trademarks Copyrights Industrial designs

Term Up to 20 years after filing

Renewable 15-year period

Generally life plus 50 years

Up to 10 years

Protection Apply nationally Apply nationally Automatic, apply internationally (but registration can be sought in Canada)

Apply nationally

Protects against

Use, sale, manufacture

Use Copying, reproducing Manufacture, sale, rent or importation

What is protected

Inventions Identity of your products and services: words, symbols and designs

Original literary, artistic, musical and dramatic works, and other subject matters: sound recordings, performances, communication signals

Visual appearance of a product: ornamentation, shape, pattern, configuration

Thank you for attention

Alexander Zhuravlev

MSLU 2010