Impact of digital technology on intellectual property
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Transcript of Impact of digital technology on intellectual property
T o our presentationTopic :
Impact of digital technology on intellectual property
Presented by: Md Faruk Hossain Konok Kumar Mondal Rawful Al-amin
Digital Technology• Make communication easy
• Digital code to transmit signals and information between different devices
Ex:Television programs or human voices over phone or
internet system
Intellectual Property:Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce
Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.
What is Intellectual Property (IP)…
– Copyrights– Trademarks– Patents– Trade Secrets– Industrial designs– Geographical indication
Typical methods of protection:
Copyright • Legal term over their literary and artistic works• Protection to the unique expression of Ideas• Works covered by:
Books, Music, Paintings, Sculpture, Films, Computer programs, Databases, Advertisements, Maps and Technical drawings
Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.
IP surrounding Apple’s iPad™
• Copyright Protected Material…– Software– Product Literature– Web Site– Product Images– Icons– User Interface Design– Advertisements– Etc…
Copyright
What is not covered by copyright?
• Ideas, concepts, or principles• Facts• Words, Phrases, Familiar Symbols or slogans
Impact of digital technology on copyright
Positive Impact• Promotes publicbenefits like education• Saving money • Helps for further
research work• Able to add to, edit,duplicate, or otherwise“remix” the original work
Negative Impact
• Protects freedom of speech
• Plagiarism• Losses of actual publishers
and authors but benefited by third parties
• Piracy Occurs
Copyrights Laws are prevailing in Bangladesh
• The Copyrights Act – 2000 (Amended in 2005) section 53 or section 54
• Duration of Copyright exist up to 60 years
• Punishable with imprisonment up to 3 years and fined as per the claims
PatentsDefinition:• A patent describes an invention for which
the inventor claims the exclusive right.
NEW NEW (Novel) USEFULUSEFULNOT OBVIOUSNOT OBVIOUSPERTAINS TO PATENTABLE PERTAINS TO PATENTABLE
SUBJECT MATTERSUBJECT MATTER
INVENTION PATENABLE IF.....
12-10
Types of Patents
Type of Patent Types of Inventions Covered
Utility
Duration
New or useful process, machine, manufacture, or composition of material or any new and useful
improvement thereof
16 years from the date of the original
application
Design
Plant
Invention of new, original, and ornamental designs for manufactured products
Any new varieties of plants that can be reproduced asexually
16 years from the date of the original
application
16 years from the date of the original
application
InventionInvention Relates To A ProcessProcess Or ProductProduct Or
Both Involves An Inventive Step Inventive Step Be Capable Of Industrial Industrial
ApplicationApplication
Is A Patent Granted In One Country Enforceable In Other Countries?
• No, there is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature
• Granting a patent in one country of the Union does not force other countries to grant the patent for the same invention.
• The refusal of the patent in one country does not mean that it will be terminated in all the countries
Impact of digital technology on Patents:
Positive Impact
• Innovations & inventions can be enhanced
• Grow economy
Negative Impact
• Huge litigation costs• People can be confused to
find out the original product or services
• Coalition for Patent Fairness• Threat of rxistence of
original owners
Patent laws are prevailing in Bangladesh
• The Patents and Designs Act -1911, Patent and Design Rules, 1933
• Patents provide 16 years protection from the date of filing of the application
• Patentee can be compelled by the Government to grant licenses in public interest
Trademark
Identifying words or symbols associated with a company’s goods
or services which distinguish them from those manufactured or
sold by others.
• Symbols– ® - used to indicate a Registered Trademark– ™ - used to brand a product– ℠ - used to brand a service
Impact of digital technology on trademark
Positive Impact• Market competition
increase• New product and service
come as a cloning
Negative Impact
• Duplicate the products• Company’s reputation can
be hamper
Trademark laws are prevailing in Bangladesh
• Trade Marks Act, 1940
• Trademark is valid for 10 years from the date of application which may be renewed for further period of 10 years on payment of prescribed fees.
• Service mark Rights are reserved exclusively for owners for 17 year & it can also be renewed.• Punishment extends from 6 months to 3 years• A permanent bans on engaging in commercial activities
Recommendations:• Be up-front with customers:
• Hire a legal expert to help:
• Social networking sites and user-generated content:
• Implications for regulators:
• Set up e-security to enforcement
• Review & amend IP related issues
CONCLUSION
• Create yourself, rather than using other’s creations
• Do not use competitor’s mark in such way that it harms competitor in unfair way
• No comparisons that are likely to cause confusion
CONCLUSION
• Technological advancement made the job of the CREATOR easy………it also made the job of the COPY-ER easy.