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Intellectual Property

Transcript: Commercially used property Estimate of 36% piracy rate globaly Fair Use Laws Commom fair use is critisism, news reporting, research, teaching, library archiviry and scholarship. Plagiarism Means to steal and pass off the ideas and words of another as ones own, or taking credit for any other liberal works. Copying words or ideas from someone else without giving credit. Failing to put quotation in quotation marks. giving incorrect information about the source of quotations. Patents on inventions Ways to Identify Piracy End User Distribution Internet The package might not match the product The software cannot be registered The seller refuses to offer rufunds on warrenty or problems (cc) photo by Metro Centric on Flickr An infrigement is either a crime less serious than a felony or brealing the agreement of a copyright In a Peer-To-Peer Network P2P Networks What are the penaties for theft and piracy? Test Piracy Who does it effect? (cc) photo by jimmyharris on Flickr It effects the worldwide economy In the U.S. copyright law, Fair Use is a doctrine that permits limited use of copyright material w/o permission from the rightholder (cc) photo by Franco Folini on Flickr It is the limits and eceptions to the right granted by copyright law to the author of creative work. An exclusive legal right given to the originator or an assignee to print, publish, perform, film, or record literary Purpose: to protect the writers or makers best intrest. Copyright infrigement occurs when a copyrighted work is reposted or put on display w/o the permission of the owner. 1.) What is a Trademark? 2.) Felony charges can be up to _______________ dollars in a civil copyright infringement. 3.) What is the exclusive legal right give to originator or and assignee to print, publish etc. literary. 4.) What does P-2-P in P-2-P network stand for? 5.) If you failed to put a quote in quotation marks, would this be plagiarism? Plagiarism can be avoided by citing sources, simply acknowledging that some material is borrowed, etc. Resourses are shared among equalls A Trademark protects words, names, etc. from other manufacturers. A Patent is a set of exclusive rights granted by a government to an aplicant for a limited time. How can it be avoided? Financial and legal penalties Civil copyright infrigement Criminal violation: involves jail Any duplication is infrigement. Pirated software can carry viruses and may not function at all. Unlicenced users do not recive quality documentation and are not entitled to upgrades, patches, updates, etc. Business productivity also suffers when employes use pirated products. Who is effected by piracy? Trademarks on devices Unauthorized use of another production, invention, or conseption espically in infrigement of a copyright. Identify pirated items (cc) photo by Metro Centric on Flickr Three Types Important Details What is intellectual property?

Intellectual Property

Transcript: Many anti-counterfeiting strategies have been developed to protect intellectual property rights, but few reports debate the effectiveness of these strategies to curb the problem In this article, the authors conduct a study by interviewing managers to determine the efficacy of various anti-counterfeiting tactics and recommend a program that firms can use to deter counterfeiting activities Why They Don't Work Part 1 Manage the registration of all trademarks and patents in key markets. The firm must create a system to monitor where it must register its patents and when the registrations need to be renewed. Establish a formal or informal enforcement team. Create a monitoring program to quickly funnel any information about counterfeits to a central information repository. The program should review anti-counterfeiting developments in home and host countries. Develop a multi-pronged action plan, with programs directed at employees, your distribution channel, local law enforcement and international organizations. Education is important in this step Prepare to fight counterfeits by investigating realtors and distributors as well manufacturing sources, perusing injunctions and working with local law enforcement. Key Takeaways Knockoff products: look the same as the branded products but they do not abuse the intellectual property, patents, or trademarks Blank goods: items that contain everything except the logo, which can be attached later Gucci example Gray goods: products that are manufactured by the owner of the intellectual property; they are legitimate, but have found their way into unintended markets Counterfeit goods: any unauthorized manufacturing of goods whose special characteristics are protected as intellectual property rights, or trademarks, patents, and copyrights Through exploratory study, the authors attempted to define managerial perceptions of intellectual property rights by assessing the implementation and effectiveness of anti-counterfeiting strategies. They developed a survey and distributed it to US corporate managers. The problem is not a lack of legislation but a lack of enforcement. 1. Counterfeit Goods: An Old, But Growing Problem Preserving Intellectual Property Rights: Managerial insight into the Escalating Counterfeit Market Quandary Effects Continued Each year the US Trade Representative is required to develop a report that outlines the adequacy and effectiveness of intellectual property rights protection in 87 different countries Priority Watch List countries China, Russia, Argentina, Belize, Brazil, Egypt, India, Indonesia, Israel, Lebanon, Turkey, Ukraine, and Venezuela Four countries where consumers are most willing to purchase counterfeit products include: China, Taiwan, US, and Mexico Introduction 4. Combating Counterfeiting: Advice From Managers Despite the amount of attention received by counterfeit goods and the government initiatives employed to protect against them, counterfeiting is still an ever pressing global issue Firms must take an active stance when dealing with the threats of counterfeiting To maximize intellectual property rights protection, a firm must use the most effective actions outlined in this study The Effects of Counterfeiting Part 2 2. The Growth of Counterfeit Trade: Assessing lost sales, brand dilution, linkages to terrorism, and legal remedies United States governmental initiatives that legally protect against counterfeiting: Tariff Act of 1930, Lanham Act, Trademark Counterfeiting Act of 1984, and the Stop Counterfeiting in Manufacturing Goods Act of 2006 Strategy Targeting Organized Piracy (STOP!) is an initiative that attempts to organize the federal government with the private sector and trading partners to take action against piracy International initiatives International Anti-Counterfeiting Coalition, NAFTA, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the Scrivener regulations of the European Union Despite the current increase in seizures, customs services is only intercepting a small amount of counterfeit goods In 2006, the US Customs Service made record seizures, confiscating nearly 15,000 different shipments valued at $155 million China has accounted for the largest amount of counterfeit goods seized by the US Customs Service Why is counterfeiting attractive? Legal remedies to victims of counterfeited goods are weak and inadequate. A majority of those arrested for patent infringement are never indicted. Seizing counterfeit goods Key terms Software Piracy This study primarily focuses on these effects: The loss experienced by the owners of intellectual property The loss in revenues and profits as well as costs to policing and fighting counterfeits The loss of declining customer loyalty because of brand dilution and reduced growth It also helps fund terrorist groups and crime The loss of profits is debatable because the consumers that buy the counterfeit goods compose their own market segment The reason is

intellectual property

Transcript: A patent is a governmental grant of an exclusive monopoly as an incentive and a reward for a new invention. To be patentable, an idea must be novel, useful and nonobvious. 1In the U. S. A. , the owner of a patent controls the right to make, sell and use a product for a period of seventeen years and a design for fourteen years. If one manufactures, sells, or uses a patented invention without authorization of the patent owner, he has probably committed patent infringement. The infringement exists even if the infringer did not know about the patent. Infringers can be liable for damages and may be enjoined from future infringement. However, the party challenged with patent infringement can escape liability in a variety of ways. One way is by proving that the challenged product or process is outside the scope of the patent. Another way is by proving that the patent is invalid because it fails to meet the criteria for patentability. A third way is to establish that the patent holder has misused the patent. Misuse of a patent occurs when a patent holder uses the patent to achieve something illegally. The most common type of misuse occurs when the patent holder uses the patent to violate the antitrust laws. Thank you for your watching! trademark Anything under the sun that is made by man A trade secret may consist of any formula, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. Trade secrets must be kept secret. To qualify for protection, the secret must give the firm a competitive advantage. Unlike patents and copyrights, there is no time limit on the life of a trade secret. It is effective as long as the secrecy is maintained. The law protects trade secrets from wrongful appropriation. This does not mean that a competitor cannot use the same manufacturing process. It only means that the competitor must arrive at the idea independently. Yang Fan A copyright protects the physical expression of intellectual or artistic effort, not the idea. A copyright is effective for the life of the creator plus fifty years. Anyone who creates an original work is protected by an automatic common law copyright. Published materials without statutory copyright protection are said to him in the public domain and may be used by anyone, without the consent of the creator, 3To obtain statutory copyright protection, materials must be published with the copyright notice, which takes the form of the word "copyright" or the abbreviation copr. , or the symbol (c) followed by the name of the copyright owner. If one violates the copyright created by the copyright notice, he may only be enjoined from future violations. If he violates a copyright created by registration, he may be liable for damages, fines or imprisonment. Owners of copyrights may assign their ownership to others. patent ZY1120207 intellectual property A trademark is a mark on goods that distinguishes the marked goods from competing goods. The mark may be a word, picture or design. In order to qualify as a trademark, the mark must not be overly descriptive or generic. Trademarks are protected through registration. Unauthorized use of the registered trademarks of others is illegal. Public perception plays a significant role in trademark law. If the public comes to perceive that a trademark is generic, it will lose its legal status as a trademark. Public perception can also create a legal right for an attribute of a product. If a product's shape or style or features are arbitrary and nonfunctional, and the general public comes to view these features as associated with a particular product, they are said to have acquired a secondary meaning, which may be registered and protected. copyright trade serect intellectual property is intangible and is created by intellectual effort as opposed to physical effort. In the United States, patents, copyrights and trademarks are governed by federal law. Trade secrets are governed by state law.

Intellectual Property

Transcript: Legal Disclaimer Intellectual Property Trademarks protect the consumer from confusion by helping them identify the source of goods and/or services. TM: not federally registered, only protects in the location where used R: federally registered, protects in all states If the BYU office elected to puruse a patent or they gave you answer 3 and you pursue a patent on your own, the next step in the process is writing a patent application and filing it with the USPTO and/or patent offices in other countries. Patents - Copyrights - Trademarks In order to get through the patent office, an invention must be: Useful Novel non-Obvious Questions? While eating at Brick Oven and enjoying the made-from-scratch root beer, Dr. Hecker has an epiphany. He realizes that root beer may be able to increase the surface area of his cobalt catalysts. He returns to the lab that very night and begins experimentation. A few weeks later, not only has he found that adding root beer during the preparation of his catalysts increases their surface area, it also increases the catalyst's selectivity, yield and turnover frequency. Dr. Hecker is very excited for his new discovery and assigns some of his student researchers to prepare a presentation on this new discovery for the consortium meeting that will be taking place the following week. He also asigns a graduate student to prepare a paper on the root beer discovery that will be published in C&EN. How should you proceed? NDA, Non-public meetings, No offers to sale, Disclosure Prosecution If two authors create identical works (no copying), both have a copyright Why patent? Deter and Defend License and Commercialize Demonstrate Organization Blake Steel Patent Agent/Law Student What is a patent? A contract with the government in which the inventor discloses the invention to the public in consideration for limited monopoly rights United States Patent and Trademark Office (USPTO) Research & Confidentiality Types of Patents Utility: Provisional and Non-provisional (Full) Design (no claim to functionality) Plant Copyright automatically created when the idea is physically manifested Contact the Tech Transfer Office at BYU and submit a disclosure The root beer idea will be evaluated by legal interns and patent attorneys (Uno) The BYU office will also perform prior art searches to see if there is anything out there that anticipates your invention (uNO) The BYU office will come back with 1 of 3 answers: - They will inform you that they will be developing a commercialiation plan which will involve pursuing patent protection, all paid for by the University - They will defer action for further research - They will assign any and all rights to you guys (the inventors) and you can pursue intellectual property protection on you own if you so desire. Confidentiality (consortium meetings, research papers...) Contact Info Application Licensing Worked in Dr. Hecker's Catalysis lab for 2 years Graduated 2010 Disclosure, Search and Evaluation (2-3 months) Academia vs. Commercialization What is patentable? Articles of Manufacture Compositions of Matter (Man-made) Methods (Processes, Systems, Software) Machines (Apparatus, Device) Plants Ornamental Designs Prosecution = arguing with patent examiners about why your invention passes the UNO test USPTO sends "office actions" and we respond with arguements and/or amendments to our application Registration requirements: Technical degree Pass the "patent bar" Good moral character Protect artistic EXPRESSION: Does not cover idea or information BYU asserts title and ownership to all inventions developed using substantial Universty resources. (substantial vs. nominal) Even if the research was partially or wholly sponsored by third party commercial entity (consortium members), BYU still asserts ownership of Intellectual Property. Compensation will be in the form of licenses to use the invention and such will be negotiated through the BYU patent office. BYU's distribution of after expense profit from licensing: 45% to Developers (inventors) 27.5% to College 27.5% to BYU patent office hi

Intellectual Property

Transcript: COPYRIGHT Today, much of the controversy with intellectual property lies within the scope of copyrighted works. With SOPA (Stop Online Piracy Act), PIPA (Protect IP Act), and CISPA (Cyber Intelligence Sharing and Protection Act), the U.S. government looked at how the internet operates on an international level. This would grant massive amounts of power to the "content creators" (in this case, mainly movie studios and recording companies) and would heavily alter the freedom on the internet. Content Creators and Innovators Copyright Benefits Trademark Intellectual property law covers copyright, trademark, and patent law. Copyright- Writings, images, "intangible property", creative works (life of author + 70 years per the Sony Bono Act) Trademark- Characters, book titles, slogans, movies (can be renewed as long as commercially used) Patents- Inventions (20 years after filing) In the European Union copyright lasts for 70 years after the death of the author. However, in the U.S. the copyright protection won't end until 95 years after the author's death per the 1976 copyright law where the work is protected for 95 years from publication or 120 years from creation. Trademarks focus on distinguishing features in a commercial aspect. It can be a slogan or symbol, or even something such as a color. Canon cameras has a signature red, McDonald's has trademarked the yellow of the arches. Trademarks can be continually renewed as long as the company wants to keep it. Intellectual Property Protecting and Using Intangible Creations The Curious Case of Popeye "The House's Stop Online Piracy Act the Senate's Protect IP Act are backed by the Motion Picture Association of America, the Recording Industry Association of America and the U.S. Chamber of Commerce, which estimates the cost of online piracy at $135 million a year. Internet giants Google, Yahoo, Facebook have come out against the legislation.", The internet came out almost completely against the bills. Many larger companies argued that the bills attacked the wrong problems, and considered the bills too impractical to actually implement. The right to reproduce the work The right to any spin-off works The right to publicly distribute The right to publicly perform the work The right to publicly display works The right to transmit sound recordings Trademark Protections Intellectual Property Law Trademarks are designed to be distinctive and individualized. They help distinguish brands from others, creating an impression in the consumers mind. They are used for commercial purposes. Currently, one of the biggest issue with trademarks is the area of domain names. Cybersquatting became such an issue that Congress passed the Anticybersquatting Consumer Protection Act in 1999. Registering trademarks helps to keep the brand's image from being diluted or weakened. * Any works produced after March 1, 1989 does not need the copyright notice per the Berne Convention. There are also limitations for educational purposes. The first sale doctrine permits buyers to resell the works they bought. Ultimately, the proponents of intellectual property protection say that it protects creators from wasting time and effort and then having it taken and distributed for free. This would cost innovators money, and cost the economy significant amounts of money. And that would result in a slowing of progress because people were too scared to try and create. A rebuttal... "The PROTECT IP Act, introduced by Senator Leahy and sponsored by 40 senators, will help protect American intellectual property by cracking down on rogue websites dedicated to the sale of infringing or counterfeit goods through foreign-based websites outside the scope of current U.S. law. The sale of such goods reportedly costs the U.S. economy billions of dollars each year, which in turn impacts the jobs of hundreds of thousands of Americans. The sale of these counterfeit or infringing goods also results in billions of dollars in lost tax revenue for federal, state and local governments.", Controversy in a Digital Age So why do we even have it? Patents Patents are specifically for non-obvious inventions. "Courts, lawmakers and the United States Patent and Trademark Office (USPTO) have worked to refine the meaning of "nonobvious," but it can be difficult to distinguish a nonobvious device or process from an obvious one. When decision makers consider whether an invention is nonobvious, they look at: The scope and content of the prior art (related inventions that came before the one in question) The ordinary skill level in the art The difference between the invention in question and the prior art Facts such as how much the invention was needed and how well it has sold",

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