Académique Documents
Professionnel Documents
Culture Documents
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Agenda
The term of intellectual property Major forms of intellectual property: patents, trademarks, copyrights, and trade secrets Patents Types of trademarks Types of material that are eligible for copyright protection Legal environment that facilitates trade secret protection Conducting an intellectual property audit
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Criteria 2
Decide whether the intellectual property in question has value in the marketplace
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Not using their intellectual property as part of their overall plan for success
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Patents
Trademarks
Copyrights
Trade Secrets
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Patents
A patent provides the owner with exclusive rights
to hold, transfer, and license the production and sale of the product or process.
Design patents last for 14 years; all others last for 20 years.
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Three Basic Requirements for Obtaining a Patent (Barringer and Ireland, 2011)
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Duration
20 years from the date of the original application
Utility
Design
Plant
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an invention that is or facilitates a method of doing business. The most notable business method patents that have been awarded (Barringer and Ireland, 2011):
Amazon.coms one-click ordering system. Priceline.coms name-your-price business model. Netflixs method for allowing customers to set up a rental list of movies to be mailed to them.
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Trademarks
A trademark is any word, name, symbol, or device used
to identify the source or origin of products or services and to distinguish those products or services from others. A trademark can also be a motto identified with a companys product(s) and registered at the OSIM Trademarks provide consumers with useful information.
For example, consumers know what to expect when they see an Mega Image. Think how confusing it would be if any retail store could use the name Mega Image.
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Types of Trademarks
(1 of 2) (Barringer and Ireland, 2011)
Type of Trademark Types of Marks Covered
Any word, name, symbol, or device used to identify and distinguish one companys goods from another. Examples: Dell, Nokia, Oracle
Duration
Renewable every 10 years, as long as the mark remains in use
Trademark
Service mark
Similar to trademarks; are used to identify the services or intangible activities of a business, rather than a businesss physical products. Examples: Amazon.com, Orbitz, eBay, Overstock.com
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Types of Trademarks
(2 of 2) (Barringer and Ireland, 2011)
Type of Trademark Types of Marks Covered
Trademarks or service marks used by the members of a cooperative, association, or other collective group. Examples: Rotary International, International Franchise Association Marks, words, names, symbols, or devices used by a person other than its owner to certify a particular quality about a good or service. Examples: RENAR, ISO 9000
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Duration
Renewable every 10 years, as long as the mark remains in use
Collective mark
Certification mark
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Words
Fragrances
Shapes
Designs or logos
Colors
Sounds
Trade dress
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Deceptive matter
For example, a food company couldnt register the name Fresh Florida Oranges if the oranges werent from Florida. Marks that are merely descriptive of a product or service cannot be trademarked. For example, if you develop a new type of golf ball, you cant get a trademark on the words golf ball. A trademark consisting primarily of a surname, such as Anderson or Adam, is typically not protectable.
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Descriptive market
Surnames
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Copyrights
A copyright is a form of intellectual property protection
that grants to the owner of a work of authorship the legal right to determine how the work is used and to obtain the economic benefits from the work. A copyright provides exclusive rights to creative individuals for the protection of their literary or artistic productions. A work does not have to have artistic merit to be eligible for copyright protection. As a result, things such as operating manuals and sales brochures are eligible for copyright protection.
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Literary works
Musical compositions
Computer software
Dramatic works
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ideas.
For example, an entrepreneur may have the idea to open a soccer-themed restaurant. The idea itself is not eligible for copyright protection. However, if the entrepreneur writes down specifically what his or her soccer-themed restaurant will look like and how it will operate, that description is copyrightable. An idea is not copyrightable, but the specific expression of an idea is.
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Obtaining a Copyright
Copyright law protects any work of authorship the
moment it assumes a tangible form. The following steps can be taken, however, to enhance copyright protection.
Copyright protection can be enhanced by attaching the copyright notice, or copyright bug to something. Further protection can be obtained by registering the work with the country Copyright Office.
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copyright protection, the material must be in a tangible form so it can be communicated or reproduced.
It also must be the authors own work and thus the product of his or her skill or judgment.
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[Reproduction of a copyright work for] purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright.
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Copyright Infringement
Copyright Infringement occurs when one work derives
from another or is an exact copy or shows substantial similarity to the original work. To prove infringement, a copyright owner is required to show that the alleged infringer had prior access to the copyrighted work and that the work is substantially similar to the owners.
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Trade Secrets
A trade secret is any formula, pattern, physical device,
idea, process, or other information that provides the owner of the information with a competitive advantage in the marketplace. Trade secrets include marketing plans, product formulas, financial forecasts, employee rosters, logs of sales calls, and similar types of proprietary information.
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Trade Secrets
Customer lists, plans, research and development, pricing information, marketing techniques, and production techniques are other examples of potential trade secrets.
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Restricting access to confidential material. Labeling documents proprietary, restrictive, or secret. Password protecting confidential computer files. Maintaining log books for visitors. Maintaining log books for access to sensitive material. Maintaining adequate overall security measures.
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property is to complete an intellectual property audit. An intellectual property audit is conducted to determine the intellectual property a firm owns. There are two reasons for conducting an intellectual property audit:
First, it is prudent for a company to periodically determine whether its intellectual property is being properly protected. Second, it is important for a firm to remain prepared to justify its valuation in the event of a merger or acquisition.
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Audit
The first step is to develop an inventory of a firms existing intellectual property. The inventory should include the firms present registrations of patents, trademarks, and copyrights. The second step is to identify works in progress to ensure that they are being documented and protected in a systematic, orderly manner.
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