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"Copyright" is a protection that covers published and unpublished literary, scientific, and artistic works. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents. "Copyright" does not apply to works that have not been fixed in a tangible form.
"Copyright" is a protection that covers published and unpublished literary, scientific, and artistic works. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents. "Copyright" does not apply to works that have not been fixed in a tangible form.
"Copyright" is a protection that covers published and unpublished literary, scientific, and artistic works. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents. "Copyright" does not apply to works that have not been fixed in a tangible form.
Exclusive rights granted by the State for inventions, new and original designs, trademarks, new plant varieties and artistic and literary works.
Intellectual Property Rights The right to prevent others from using manufacturing distributing products processes applications trade names geographical names ideas designs Industrial Property Rights Intellectual Property Rights Patents
Trade marks
Geographical denominations
Industrial designs
Copyright "Copyright" is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it, and/or touch it-- it is protected.
Anything tangible in a fixed form Examples Literary works, including software Musical works, including accompanying words Dramatic works, including accompanying music Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works Works that have not been fixed in a tangible form of expression; for example, improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents. Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.
Everything on the Internet is copyrighted World Wide Web pages Courses Electronic mail, listservs and newsgroups The same copyright laws apply to electronic materials as to print materials PATENT TRADE MARK Validity of protection when and where registered when and where registered Refers to products processes applications names, logo, shape, symbol, color, domain Criteria novelty, level of inventiveness no confusion, generic name EU registration EU patent office Munich, Germany OHIM Alicante Spain Website www.epo.org http://oami.euro pa.eu Duration 20 years, not renewable 6-10 years, renewable YEARS RENEWABLE Patents 20 (6) No Trade marks 6-10 Yes Designs 6-10 Yes Copyright 70 after death No Trade marks Name
Logotype
Symbol
Slogan
Shape
Color Registration of trade marks NATIONAL REGIONAL INTERNATIONAL FEES National fees for each country National fees for each country or EU fees One fee LANGUAGE Translation into national languages One language One language WHEN May be convenient if limited number of countries or no alternative For EU market If protection in more countries is needed. Not allowed / not valid Violation of public order and morale Copy of earlier registration (bad faith) Withdrawal from register Not in use ( 5 years) Evolution into generic name Formica, cellophane, compact disc Common mistakes Believing that trademark protection is universal Using a trademark that is already registered or is being used by competitors in export market (Nike, Olympics 1992) Using a trademark that conflicts with a protected geographical indication (South African winegrowers Champagne Leaving the sign on a product even when exported into a country where it has not yet been registered
The right to exclusively produce, use and/or market a Product Process Application Patents Extremely complex because of its criteria, Result of too many funny/weird applications :
Novelty, not publicly known Boomerang Product/process/application Aspirine Industrial, not software: Copyright Level of inventiveness Cashmere brush Applicability Mars-shoes Patent legislation Registration of patents NATIONAL REGIONAL WHERE Each country where you seek protection (through EPO website) or through national patent office in your country European Patent Office www.epo.org US Patent Office www.uspto.gov FEES National fees for each country National fees for each country excl. Benelux LANGUAGE Translation into national languages One language WHEN May be convenient if limited number of countries or no alternative For EU market For US market Patents product, process, applications Registration :difficult to prove novelty limited duration
Trade mark name, symbol, shape Registration : do not create confusion renewable
IPR: only protection when registered (excl. copyrights)
In a nut shell 19 Contents Licensing of IPRs Royalty on Technology Transfer and IPRs Holding of IPRs in tax efficient manner Auction of IPRs Role of IPRs in Venture Capital Business Growth & Valuation Enhancement Copyright and Fair Use Do you have the right to use other peoples material in your course? Intellectual Property What happens to the intellectual material once you have posted it online? What can you do if material is used without authorization 21 Licensing of IPRs Important issues in software licensing Define Licensor & Licensee Software Description Term of License Expiry / Termination Renewal Upgradation Single or Multi-user Concurrent User Network in which it is to be used 22 Licensing of IPRs
Home or Commercial use Access to source code Transferability Division of Components of Software Downloading & uploading Sub-licensing Operating Systems for software Non Liability through wrong usage Anti Piracy clause
23 Licensing of IPRs Software Auditing Remedies - damages / injunction / criminal liability Liability & Obligation of Licensee Territory OEM unbundling Royalty Taxation Repatriation 24 Royalty on Technology Transfer and IPRs Royalty can be Lump-sum fee percentage of sales 25 Royalty on Technology Transfer and IPRs Royalty for Technology (Patents) o Lump sum payments upto $ 2 mn o Upto 5% for domestic sales and 8% for exports, without any restriction on the duration of the royalty payments. Royalty for use of TM and brand can be paid upto 2% on exports and upto 1% on domestic sales. 26 Royalty on Technology Transfer and IPRs o Define Technology and List of IPRs o Grant of License o Rights & Obligations of Licensee and Licensor o Exclusive / Non-exclusive o Transferability and Sub-licensing o Term o Revocability o Territory o Advertising & Promotion o Audit of accounts from outside agency o Royalty Payment and Calculation Issues in Technology Transfer 27 Role of IPRs in Venture Capital Venture Capital (VC) has been major drivers of innovation, economic growth, knowledge base industry and start ups. VC industry follow the concept of high risk high gain. VC value intangible assets while making equity investments, which generally conventional sources of financing may not consider. 28 Role of IPRs in Venture Capital Increases the valuation of the company Better IPR portfolio gives competitive edge in attracting VC 29 Business Growth & Valuation Enhancement IPRs being intangible assets forms substantial part of assets of a company and thus increase the valuation IPRs helps in expanding the market share and venturing into new markets and businesses Advantages and Disadvantages of IPR