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chapterVLesson2.Intellectualpropertyissuesbymecer-1

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Lesson 2:

INTELLECTUAL
PROPERTY ISSUE
Objective
At the end of the lesson, the students should be able to:

a) Understand the different types of intellectual property (IP).

b) Identify common mistakes to avoid in managing IP.


c) Develop skills to protect intellectual property effectively.
Intellectual property (IP)

- refers to creations of the mind, such as inventions,


literary and artistic works, designs, and symbols, that are
legally protected from unauthorized use. It is a valuable
asset for individuals and businesses, providing exclusive
rights to exploit and profit from their creations.
Types of Intellectual property

1. Copyrights

Copyrights protect original works of authorship, including


literary, dramatic, musical, and artistic works. They grant the
creator exclusive rights to reproduce, distribute, and display
their work.
2. Trademarks

Trademarks are symbols, phrases, or logos that identify and


distinguish the source of goods or services. They provide legal
protection against unauthorized use by competitors.

3. Patents

Protect inventions, granting the inventor exclusive rights to make,


use, and sell their invention for a limited period (typically 20
years).
4.Trade Secrets

Confidential information that gives a business a competitive


advantage. They are not registered with any government agency
and rely on the business's efforts to keep them secret.

A
• Trademark and Service Marks
B

Trademarks are symbols, phrases, or logos that identify and


distinguish the source of goods. Service marks are similar but
identify the source of services.
• Geographic Indications

Protect the name of a product that has a specific geographical origin and
owes its qualities or reputation to that origin.

• Industrial Designs

Protect the visual appearance of a product, including its shape,


configuration, and ornamentation.

• Patents

Patents protect inventions, granting the inventor exclusive rights to make,


use, and sell their invention for a limited period (typically 20 years).
Types of Patents:

1. Utility Patents : Protect new and useful processes, machines,


articles of manufacture, or compositions of matter.

2.Design Patents: Protect the ornamental design of an article.

3. Plant Patent: Protect new varieties of plants that are asexually


reproduced .
• Layout-Designs (Topographies) of Integrated Circuits

These are the three-dimensional arrangements of


elements within an integrated circuit (IC). They're like a
blueprint for the chip's internal structure, showing the
placement of transistors, resistors, and their
connections. Protection is granted to prevent
unauthorized copying.
Types of Designs Mentioned

1. Industrial Design

Protects the aesthetic aspects of a product its look and feel.

2. Integrated Circuit

A product (in its final or intermediate form) where at least one


element is active, and connections are inherently formed on a
material to perform an electronic function. The layout-design is a
crucial part of this.
3. Layout-Design (synonymous with topography)

The three-dimensional arrangement of elements (at least one active)


and interconnections within an integrated circuit. This is what's
specifically protected under IP law for ICs.

•Protection of Undisclosed Information:

The document highlights the importance of protecting undisclosed


information vital to national interests. This often involves strict
confidentiality and limited access to sensitive data.
Common Mistakes with Intellectual Property

The excerpt mentions that many startups fail to properly utilize IP protection,
leading to potential losses.

Here are some of mistakes committed against IP which needs to be avoided :

1. Assuming IP is Unimportant

Ignoring IP protection from the start makes it exponentially harder and costlier
to rectify later.
2. Not Doing Sufficient Research

Thorough research is crucial to ensure your business idea doesn't


infringe on existing IP rights and to identify opportunities to protect
your own.

3. Hurrying Through the Process

Rushing the IP process can lead to incomplete or inadequate


protection. It's a long-term investment that requires careful
planning.
3. Hurrying Through the Process

Rushing the IP process can lead to incomplete or inadequate


protection. It's a long-term investment that requires careful
planning.

4. Waiting Very Long

IP protection should be a priority from the very beginning of a


business. Delaying it increases the risk of infringement and makes
protection more difficult.
5. Using a DIY Approach

While online resources are available, complex IP matters often require


professional legal advice. DIY approaches can lead to costly mistakes.

Some of they problems may include:

a. Trademarked Business Name: An entrepreneur chooses a business name


without checking for existing trademarks, leading to legal challenges and a name
change.

b. Signing the Wrong Contracts: A business owner signs contracts without


proper legal review, potentially exposing the business to liabilities.
c. Forgetting About Trade Secrets: A startup doesn't
protect its confidential information, allowing competitors
to easily copy its processes or strategies.

d. Using Open Source Software: A business relies on open-


source software without considering the potential
implications for IP protection, potentially exposing the
business to legal risks.
THANKS

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