Introduction to IPR

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INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS : 

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Sylvance A. Sange Chief Trade Marks Examiner KIPI [email protected]

Intellectual Property : 

Intellectual Property Intellectual Property is a property that arises from the human intellect. It is a product of human creation. Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

Intellectual Property : 

Intellectual Property It is an intangible form of property. It is a personal property. It is a basic form of property. It is based on information.

Objects of Intellectual Property : 

Objects of Intellectual Property The objects of the rights covered by the concept of intellectual property are manifestations of human creativity. -the form of the work; -the invention; and -the relationship between a symbol and a business.

Protected Intellectual Property : 

Protected Intellectual Property Invention by a patent or as trade secret. Utility models by a certificate or secret. Industrial Design by a certificate. Trade and Service Mark by a certificate. Copyright by reducing to a fixed form.

Protection of Intellectual Property : 

Protection of Intellectual Property Venetian Patent Law of the 19th March 1474 ‘…each person who will make in this city any new and ingenious contrivance, not made heretofore in our dominion, as soon as it is reduced to perfection,….

Protection of Intellectual Property : 

Protection of Intellectual Property It being forbidden to any other in any territory and place of ours to make any other contrivance in the form and resemblance thereof, without the consent and licence of the author up to ten years.’

Protection of Intellectual Property in Kenya : 

Protection of Intellectual Property in Kenya Paris convention – 1965 UCC - 1966 WIPO – 1967 Geneva Convention – 1976 ARIPO – 1978 Brussels Convention – 1979 Nairobi Treaty – 1982 Bern Convention – 1993

Protection of Intellectual Property in Kenya : 

Protection of Intellectual Property in Kenya Patent cooperation treaty PCT – 1994 TRIPS – 1995 WIPO Copyright Treaty – 1996 WPPT – 1996 UPOV – 1999 Madrid System – 1998 Singapore Treaty - 2006

Intellectual Property Branches in Kenya : 

Intellectual Property Branches in Kenya Industrial Property Copyright Plant breeders Rights (PBR).

Industrial Property : 

Industrial Property Industrial Property Includes: -Patents -Utility Models -Industrial Designs -Trade Secrets -Trade and Service Marks -Geographical Indications -Layout Designs of Integrated Circuits.

Copyright : 

Copyright Copyright includes: -Literary -Artistic works -Musical works

Plant breeders Rights (PBR) : 

Plant breeders Rights (PBR) Plant Breeders Rights include: -new varieties all plant species (except algae and bacteria)

Intellectual Property in Kenya : 

Background Copyright Act Cap 130 (1966) TradeMarks Act 1913 (TM Ordinance). Between 1914 and 1989 Patents Registration Act Cap 508 was the law governing patent protection in Kenya. The law required an inventor to apply and obtain protection in UK before having the same registered in Kenya. Intellectual Property in Kenya

Bills aimed at complying withTRIPS Agreement : 

Bills aimed at complying withTRIPS Agreement Geographical Indications Layout of Integrated Circuits Counterfeit Goods Trade secrets

Other Forms Of Protection Being Considered : 

Other Forms Of Protection Being Considered Traditional Knowledge and Folklore Genetic resources

Intellectual Property in Kenya : 

Intellectual Property in Kenya 1. Industrial Property Rights - administered by the Kenya industrial property institute (KIPI) under IPA 2001 & TM of 1957 & Amended in 2002. 2. Copyright & Neighbouring Rights -Administered by Office of Registrar General under the Copyright Act. 2001 3. Plant Breeder’s Rights- Administered by KEPHIS under an Act of 1997

Kenya Industrial Property Institute : 

The Kenya Industrial Property Institute (KIPI) was transformed from Kenya Industrial Property Office (KIPO) upon enactment of the Industrial Property Act 2001. Kenya Industrial Property Institute

Kenya Industrial Property Institute : 

To modernize the protection of industrial property in Kenya -including the provision for parallel importation of essential medicine, in accordance the Trade Related Aspects of Intellectual Property Rights (TRIPS). Kenya Industrial Property Institute

Kenya Industrial Property Institute : 

To improve the administration and management of the Office -separating policy and administrative functions of the Office. -creating a more business oriented approach to cost recovery and expenditure control, including capital investment strategies and market-based staff remuneration. Kenya Industrial Property Institute

Core Functions : 

Core Functions Examine applications for and grant industrial property rights for: -Patents for inventions - utility models for innovations -Industrial Designs for aesthetic features of products -Trade and service marks for goods and services.

Core Functions : 

Core Functions To provide industrial property information to the public. To promote inventiveness and innovativeness in Kenya. To organise and conduct training, competition and awards in IP.

Why Protect Intellectual Property : 

Why Protect Intellectual Property Protect investment in time, money or other resources used to create new contribution to technology, commerce and entertainment. Governments encourage Creators to disclose their creations to the public in order to promote the progress of science and useful arts which are the engines of development- investors demand this guarantee

Why Protect Intellectual Property : 

Why Protect Intellectual Property “Technology” means systematic knowledge for the manufacturing of a product, or the rendering of a service in industry, agriculture or commerce,…. -providing a solution to a problem -communicable by one person to another -directed to an end.

Why Protect Intellectual Property : 

Why Protect Intellectual Property Fosters economic growth Provides incentives for technological innovation, and Attracts investment that will create new jobs and opportunities.

Patents : 

Patents Definition A patent describes an invention for which the inventor claims the exclusive right. Invention is a new solution to “technical” problem. (product, process and new use) It must be new Have an inventive step Be Industrially applicable

Patentable Subject Matter : 

Patentable Subject Matter Human necessities: agriculture, foodstuff, tobacco, personal or domestic articles, health and amusement. Performing operations and transporting: separating, mixing, shaping, printing and transporting. Chemistry and metallurgy. Textiles and paper.

Patentable Subject Matter : 

Patentable Subject Matter Fixed constructions: building, earth moving and mining. Mechanical engineering, lighting, heating, weapons, blasting including engines or pumps and engineering in general. Physics: instruments and nucleonics. Electricity.

Unpatentable Subject Matter : 

Unpatentable Subject Matter A discovery, scientific theory or mathematical method; A literary, dramatic, musical or artistic work, or any other aesthetic creation; A scheme, rule or method for performing any mental act, playing a game or doing business, or a program for a computer; Mere presentation of information.

Unpatentable Subject Matter : 

Unpatentable Subject Matter Plant varieties, but not parts thereof or products or biotechnological processes; Inventions contrary to public order, morality, public health and safety, principles of humanity, and environmental conservation; and Any other invention that may be declared non-patentable by the Minister in charge of Industrial Property matters.

Filing For A Patent Application In Kenya : 

Filing For A Patent Application In Kenya Four Routes -LOCAL -ARIPO -PCT (World intellectual Property Organization-WIPO) -FOREIGN - DIRECT

Utility Model : 

Utility Model Defination A utility model is an invention that can be utilized in industry, agriculture, education services or environmental conservation and which relates to shape, structure or assemblages of articles. It must be new Be Industrially applicable

Industrial Design : 

Industrial Design Industrial Design is the ornamental or aesthetic aspect of a useful article of industry. The aspect that gives special appearance to a product of industry

The Industrial Property Tribunal : 

The Industrial Property Tribunal There exist the Industrial Property Tribunal which deals with hearing of IP matters, particularly evaluating and determining appeals from the decisions of the KIPI Managing Director affecting grants. It handles disputes concerning patents, utility models, industrial designs.

Copyright : 

Copyright Definition Protection of cultural, artistic and literary written works such as poems, novels, articles, musical works, paintings, cinematographic work, photographic, sculpture and computer programs.

Plant breeders Rights(PBR) : 

Plant breeders Rights(PBR) Protection of New varieties of plants -distinct, -uniform, and -stable.

Trade and Service Marks : 

Trade and Service Marks A trade mark is a sign used on, or in connection with the marketing of, goods or services. Used “on” the goods means that it may appear not only on the goods themselves but on the container or wrapper in which the goods are when they are sold.

Trade and Service Marks : 

Trade and Service Marks Used “in connection with” the marketing of the goods refers mainly to: -the appearance of the sign in advertisements (newspaper, television, etc.) or -in the shop windows of the shops in which the goods are sold.

Category of Trade Marks : 

Category of Trade Marks Certain types of marks should not be protected, Marks are categorized as: -Generic, -Descriptive, -Suggestive, and -Arbitrary or fanciful.

Category of Trade Marks : 

Category of Trade Marks Trade Mark cannot be categorized in a vacuum. It is essential to know the product or service to which the mark will be applied in order to place it in the proper category Example: APPLE is generic for apples, but arbitrary for computers.

Registration Procedure : 

Registration Procedure Application for search. Application for registration. Examination of trade mark. Advertisement of trade mark. Filing of opposition. Certificate issued/hearing set.

Goods Covered : 

Goods Covered 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks;whips, harness and saddlery. 24 Textiles and textile goods, not included in other classes; bed and table covers.  25 Clothing, footwear, headgear.

Goods Covered : 

Goods Covered 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder;salt, mustard; vinegar, sauces (condiments); spices; ice.

Live of a Trade Mark : 

Live of a Trade Mark Terms become generic overtime because of the way the public used them and because of the originators’ failure to police them. -examples: YO-YO “returning top” fanciful and ESCALATOR “moving stairs” suggestive.

Live of a Trade Mark : 

Live of a Trade Mark More examples of generic product names that used to be trade marks: Zipper, Cellophane, Thermos, Aspirin (for acetylsalicylic acid); Trampoline (for a spring supported canvas jumping apparatus); Kerosene (for distilled petroleum lamp oil); Granola (for a cereal consisting of rolled oats, fruit and nuts); Brassiere (for a woman’s undergarment worn to support the breasts); and Heroin (for diacetylmorphine). “Heroin” was originally suggestive mark. Workers at Bayer said it made them feel “heroisch.”

Live of a Trade Mark : 

Live of a Trade Mark The law provides that non-use of a mark for consecutive 5 years is ordinarily considered proof of an intention to abandon it. Delay in enforcement of a mark against a third party may cause lose of rights.

Slide 47: 

Contact: Kenya Industrial Property Institute Kapiti Road off Mombasa Road Weights & Measures Premises. Email: [email protected] Website: http://www.kipi.go.ke End

Slide 48: 

Thank You! Enjoy the Seminar

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