Pate

Content

1. Patents, Trademarks and Copyrights

1.1 Patents

1.2 Trademarks and Service Marks

1.3 Trademarks

2. Trade secret

3. The Effectiveness and Use of Protection

3.1 Wholly Proprietary System versus Wholly

3.2 Open system

3.3 Advantages of Protection

3.4 Advantages of Diffusion

Appropriately

The degree to which a firm is able to capture the rents from its innovation.

• Some innovations are inherently difficult to copy (tacit, socially complex, etc.)
• Firms may also attempt to protect innovations through patents, trademarks, copyrights or trade secrets.

Chapter: 9

Protecting Innovation

Instructor: Hsin-Min Hung

Erdenesukh .B - /610233030/

Enkhmunkh.D - /610133019/

Saruultuya.E - /610133022/

Patents, Trademarks and Copyrights

Patent Laws Around the World

Patents: rights granted by the government that

excludes others from:

- Producing

- Using

- Selling an invention

Patents

Countries have their own laws regarding patent protection. Some treaties seek to harmonize these laws.

Paris Convention for the Protection

of Industrial Property

• Foreign nationals can apply for the same patent rights in each member country as that country’s own citizens.
• Provides right of “priority” – once inventor has applied for protection in one member country, they can

(within certain time period) apply for protection in others and be treated as if they had applied on same date as first application.

Design

Utility

Plant

Protect distinct new varieties of plants

Protect new and useful processes, machines, manufactured items or combination of materials

Protect original and ornamental designs for manufactured items.

The effectiveness a use of protection mechanisms

Patents, Trademarks and Copyrights

Countries that are members of Patent Cooperation Treaty

Patent Cooperation Treaty /PCT/

Information that belongs to a business that is held private

In most states, a trade secret may consist of any formula, pattern, physical device, idea, process or

PCT governmental receiving office

Trademarks and Service Marks

provides the owner of the information

Compilation of information that both:

- with a competitive advantage in the

marketplace

- absent improper acquisition

- a formula for a sports drink

- survey methods used by professional pollsters

- recipes

- a new invention for which a patent application has not yet been filed

Trademarks: Words, Phrase, Symbol, Design

is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it,

Trademark is used to refer to both trademarks and service marks

Service Mark: Provider of a service rather than a product

Not be generally know or readily ascertainable through legitimate means

Trade secret holder must exercise reasonable measure to protect the secrecy of the information

Economic important that is contingent upon its secrecy

January 2003, there were 70 member countries in the Madrid Union

The established in the legitimate use of the mark and don`t require registration:

World Intellectual Property Organization administers a System of International Registration of Marks:

- Madrid Agreement Concerning the International Registration of Marks

- Madrid Protocol

Trademark Protection

around the World

Uniform Trade Secret Act

Perform the patent search for application

Assesses the patentability of innovation subject to the standards of the PCT

The inventor`s right to file for

patent protection :

Second:

First:

• More than 100 countries
• For up to 2 or 1/2 years

- marketing strategies

- manufacturing techniques, and

- computer algorithms

Copyright

The rights of copyright protection are established by legitimate use of the work

Copyright protection varies from country to country

Rome convention for the Protection

of for performance

Copyright protection around the world

Universal copyright convention

- Reproduce the work in copies or disk

- Prepare derivative works based upon the work

- Perform the work publicly by means of a digital audio transmission

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