Unit: Step 1 - Identify intellectual property as an asset
Elaborado por: Oscar Ortiz Sáenz
Curso: VALORACIÓN Y NEGOCIACIÓN DE TECNOLOGÍA
Grupo: 212032_3
Tutor: KARLA NATHALIA TRIANA
Universidad nacional abierta y a distancia (unad). Escuela de ciencias básicas tecnología e ingeniera Ingeniería industrial Marzo 2019
STEP 1 - IDENTIFY INTELLECTUAL PROPERTY AS AN ASSET 1. Based on the readings and extra information gathered from the internet: • Identify Figure 1.1. Types of intellectual property Answer: The types of intelectual property are divided in two groups: TRADITIONAL IP: Patents: Intellectual property rights reward creativity and human effort, which stimulate the progress of humanity. Here are some examples: the multimillion-dollar film, music, publishing and computer industries, which make the lives of millions of people more pleasant, would not exist without the protection of copyright; Without the rewards foreseen in the patent system, researchers and inventors would have no incentive to continue creating better and more efficient products for consumers; Consumers would not buy products or services with full confidence if there were no reliable international mechanisms to protect brands and combat counterfeiting and piracy. Trademarks: In general terms, confidential business information that gives a competitive advantage to a company can be considered a business secret. The misappropriation, disclosure or unauthorized use of such information is considered an unfair practice and a violation of commercial secrecy. Copyrights: It is a form of protection granted by the state to the authors and creators of "original". works ", for example: literary, dramatic, musical, artistic and other forms, both published and unpublished. The general rule is that the owner of a copyright is entitled to the relevant monopoly rights for a period of 60 years plus the author's life.
NONTRADITIONAL IP: Designs: Industrial designs make a product attractive and When an industrial design is protected, the owner the person or entity that has registered the design has the exclusive right to oppose the unauthorized copy or the imitation of the industrial design by third parties and is protected against these infractions. Domain names (Trademarks on the Internet): Companies want to obtain such domain names, which can be easily identified with their established brands. This helps the public to identify the company, since there is no physical contact between the two. The domain names and trademarks are connected together and buy the domain name from that. There is no criteria to register a domain name Circuit layouts: The "protection period" varies depending on whether the design of the circuit has been commercially exploited The general rule is that protection is applied for 10 years, it must be: Original, made by a citizen of the country, First Commercially exploited in the country Confidential information: In recent years, many countries have enacted legal norms on the protection of confidential business information, as provided in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which establishes that to be eligible for protection, the information must: i) be secret, that is, not generally known or easily accessible to people introduced in the circles in which this type of information is normally used; ii) have a commercial value because it is secret; iii) have been subject to reasonable measures to keep it secret, taken by its owner.
Plant varieties: they protect the variety of plants, not the process or the products resulting from the use of the plants. Rights may extend to varieties predominantly derived from another variety. Trade secrets: It often happens that a company has to share one secret with another; a manufacturer will need to submit its prototype to specialized tests and does not want competitors to know the details of the new product but wants those specific characteristics to be kept secret. In both examples, the owners of the information will be forced to transmit it, but they will not want it to be disclosed. The criteria for determining a trade secret are the following: 1. The information should not be generally known or verified by appropriate means. 2. The information must have an independent economic value due to its secrecy. 3. The right holder must use the appropriate means to protect the secrecy of the information.
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Based on the readings and extra information gathered from the internet:
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Build a comparative chart following the structure below: Student name: IP form (Traditional/nontra ditional) Trademarks (TRADITIONAL)
IP Comparative Chart Oscar Ortiz Sáenz Date IP Description Type
1. Trademarks
The marks can consist of a word or a combination of words, letters and figures. They can also consist of drawings, symbols, or three-dimensional signs such as the shape and packaging of products. In some countries, nontraditional marks with
Example
Machines, mechanical devices, articles of manufacture and compositions of matter, chemical compounds
Patents (TRADITIONAL)
2. Patents
Designs (NONTRADITION AL)
3. Designs
distinctive characteristics can be registered, for example, holograms, animated marks, color marks and non-visible signs (sound, olfactory or taste marks). A patent-protected invention can not be manufactured, used, distributed or sold for commercial purposes without the consent of the patent owner The owner of a patent has the right to decide who can-or can not-use the patented invention during the period in which it is protected. Industrial designs are applied to a wide variety of industry and craft products: from technical and medical instruments to watches, jewelry and other luxury items; from electrical appliances and appliances to vehicles and architectural structures; from textile prints to recreational goods. An effective system of protection also benefits consumers and the general public, since it encourages fair competition and honest business practices, encouraging creativity and promoting the aesthetic sense in the creation of products.
Words, names, letters, numerals, figurative elements, colors or combination of colors.
Must be applicable to an article, Be apparent to the eye, must be original at the relevant priority date
Copyrights (TRADITIONAL)
4. Copyrights
Trade secrets (NONTRADITION AL)
5. Trade secrets
Plant varieties (NONTRADITION AL)
6. Plant varieties
Confidential information (NONTRADITION AL)
7. Confidentia l Information
The legislation on copyright covers the protection of authors, artists and other creators for their literary and artistic creations, usually called "works". "Neighboring rights" are a field closely related to copyright and encompass rights similar or identical to those that it contemplates, although sometimes more limited and of shorter duration. It is a legal term for confidential business information. Is a intangible asset of what the organization It is the only legal owner
Works of authorship, including writings, books, papers, photographs, music, art, movies, recording.
Protect the variety plant, not the process or products resulting from the use of the plants As a guarantee that Shinetech treats with great care the P.I. of its clients, the company signs a non-disclosure agreement with all of them at the beginning of the business
Plant varieties, the Flashy, the original.
Information that has commercial value and is not generally known or readily accessible in the trade, for which there is evidence of efforts to protect secrecy (product formulas, chemical compounds, blueprints, dimensions, tolerances, customer lists, suppliers, financial information, so on and so forth).
Confidential information may be the only way of protecting an idea.
Circuit layouts (NONTRADITION AL)
8. Circuit layouts
Domain names (NONTRADITION AL)
9. Domain names
relationship. In this agreement, which all employees of Shinetech have to respect rigorously, the rules and responsibilities of both parties are set. The contract also contains the details regarding the contents whose P.I. it is object of protection. an opportunity for designers to show their creative talent, attract the attention of the media and publicize their brand. They also offer an opportunity for a brand to sell more affordable items, such as perfumes, cosmetics or T-shirts, with brand names stamped on them that attract attention. More and more companies also rely on trademark registration to protect their products. names and their commercial image (that is, the appearance and packaging of their products). The domain names of companies can be registered within the "top level domains", called "TLD". You can choose between "generic top-level domains" ("gTLD"), such as .com, .net, .org, or you can choose between specialized and limited top-level domains, if you meet
To get protection, a circuit layout must be: Original, made by a citizien from country, First commercially exploited into the country
To obtain a domain name, an organization or an individual has to approach a registrar
certain conditions (for example, .aero for travel agencies by air and air transport companies or .biz for commercial companies). 3. Identifying traditional IP from previous activity, draft three creative infographics, one for each type: Patents, Copyrights, Trademarks including the following:
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Student name, date, group number
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IP type (Patents, Copyrights, Trademarks)
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Colombian office in charge of rule the registration according to the type of IP
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Registration process according to the type of IP
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Requirements and fees